Consolidated version valid as of 1 February 2022

REPUBLIC OF LITHUANIA

LAW

ON APPROVAL, ENTRY INTO FORCE AND IMPLEMENTATION OF THE CODE OF CRIMINAL PROCEDURE

14 March 2002 No IX-785

Vilnius

Article 1. Approval of the Code of Criminal Procedure of the Republic of Lithuania

The Seimas hereby approves the Code of Criminal Procedure of the Republic of Lithuania.

Article 2. Entry into force of the Code of Criminal Procedure of the Republic of Lithuania

The date of entry into force of the Code of Criminal Procedure of the Republic of Lithuania shall be set by a separate law.

Article 3. Procedure for implementing the Code of Criminal Procedure of the Republic of Lithuania

The procedure for implementing the Code of Criminal Procedure of the Republic of Lithuania shall be laid down by a separate law.

I promulgate this Law passed by the Seimas of the Republic of Lithuania.

PRESIDENT OF THE REPUBLIC	VALDAS ADAMKUS

APPROVED BY

Law No IX-785

of 14 March 2002

REPUBLIC OF LITHUANIA

CODE OF CRIMINAL PROCEDURE

PART I

GENERAL PROVISIONS

CHAPTER I

PURPOSE OF CRIMINAL PROCEDURE AND THE MAIN RULES

Article 1. Purpose of criminal procedure

1. The purpose of criminal procedure shall be, while defending human and citizens’ rights and freedoms, the interests of the public and the State, to detect criminal acts promptly and comprehensively and to apply a law correctly so that the perpetrator of a criminal act is justly punished and no innocent person is convicted.

2. The rules of criminal procedure have been harmonised with provisions of the legal acts of the European Union listed in the Annex to the Code of Criminal Procedure of the Republic of Lithuania.

3. In implementing international treaties of the Republic of Lithuania or legal acts of the European Union, other laws of the Republic of Lithuania may also stipulate other rules for hearing cases, taking and executing decisions or other procedural rules than provided for in this Code.

Article 2. Duty to detect criminal acts

A prosecutor and pre-trial investigation bodies must, in each case when elements of a criminal act transpire, take all measures within their remit as provided for by laws in order to conduct an investigation and to detect the criminal act in the shortest possible time.

Article 3. Circumstances precluding criminal proceedings

1. Criminal proceedings may not be opened, and criminal proceedings already opened must be terminated:

1) if an act having elements of a crime or a misdemeanour was not committed;

2) if the limitation period for the passing of a judgment of conviction has expired;

3) in respect of a person who, at the moment of commission of a criminal act, was not of the age at which he would become liable under the criminal law;

4) in the absence of a complaint of a victim or a motion of his legal representative or a prosecutor’s demand to open proceedings in the cases when proceedings may be opened solely upon receipt of a complaint of a victim or a motion of his legal representative or a prosecutor’s demand;

5) in respect of a deceased person, with the exception of the cases when the proceedings are necessary for rehabilitation of the deceased person or for reopening of a case of other persons due to transpiration of new circumstances;

6) in respect of a person subject to a final court judgment over the same charges or a court ruling or a prosecutor’s decision to terminate the proceedings on the same ground;

7) in the presence of the circumstance eliminating criminal liability as provided for in Chapter V of the Criminal Code of the Republic of Lithuania;

8) a person in respect whereof prosecution has been refused on the grounds laid down in the Law of the Republic of Lithuania on the Prevention of Organised Crime.

2. If the circumstance referred to in point 1 of paragraph 1 of this Article transpires during the hearing of a case in court, the court shall conclude the hearing of the case and shall pass a judgment of acquittal.

3. If the circumstance referred to in point 2 of paragraph 1 of this Article transpires after the referral of a case to court or during the hearing of a case in court and an accused person requests the continuation of the criminal proceedings, the court shall conclude the hearing of the case and shall, by a judgment, dismiss the case or pass a judgment of acquittal.

Article 31. Suspension of a pre-trial investigation upon failing to identify the perpetrator of a criminal act

1. Where, during a pre-trial investigation, all the necessary procedural actions have been performed and all possibilities of identifying the perpetrator of a criminal act have been exhausted, but such a person has not been identified, the pre-trial investigation may be suspended by a reasoned decision of a prosecutor. The decision of the prosecutor to suspend the pre-trial investigation may, within seven days from the service of a transcript of the decision on a victim or on his representative, be appealed against in accordance with the procedure provided for in Article 63 of this Code.

2. If the grounds provided for in paragraph 1 of this Article have disappeared, the pre-trial investigation shall be reopened without a separate decision by performing at least one procedural action.

3. Requests of parties to proceedings for the performance of the actions provided for in Chapters XII and XIV of this Code shall be resolved in accordance with the procedure laid down in Article 178 of this Code.

Article 32. Specific features of criminal proceedings against a person who, according to laws of the Republic of Lithuania or under international law, enjoys immunity from criminal liability

1. The perpetrator of a criminal act who may be prosecuted only with the permission of a competent authority or who enjoys immunity from criminal jurisdiction under international law may be subject to criminal proceedings but may not be given a notice of suspicion, may not be questioned as a suspect or recognised as a suspect, may not be placed on remand or may not be subject to other restrictions of his liberty. Other procedural coercive measures shall apply to this person to the extent that it is not prohibited by laws of the Republic of Lithuania or under international law.

2. Where, after all non-prohibited procedural actions have been performed, a competent authority’s permission to prosecute a person is not received or the person enjoys immunity from criminal jurisdiction, the criminal proceedings must be terminated. The criminal proceedings may be reopened where the competent authority’s permission to prosecute the person is received or he otherwise loses the immunity referred to in this Article or it is necessary to conduct the procedural actions which are not prohibited by laws of the Republic of Lithuania or under international law.

Article 4. Period and territory of validity of the Code of Criminal Procedure of the Republic of Lithuania

1. The procedure for the conduct of proceedings shall be established by the Code of Criminal Procedure of the Republic of Lithuania in force at the time of performance of procedural actions.

2. Regardless of the place of commission of a criminal act, the criminal proceedings taking place within the territory of the Republic of Lithuania shall be conducted in accordance with the Code of Criminal Procedure of the Republic of Lithuania.

3. Where an international treaty of the Republic of Lithuania lays down rules other than those laid down by this Code, the rules laid down by the international treaty shall prevail.

Article 5. Application of the Code of Criminal Procedure of the Republic of Lithuania to foreign nationals and stateless persons

1. The proceedings taking place within the territory of the Republic of Lithuania in respect of the criminal acts committed by foreign nationals and stateless persons shall be conducted in accordance with the Code of Criminal Procedure of the Republic of Lithuania.

2. The issue of criminal liability of the persons who enjoy immunity from criminal jurisdiction under international law and have committed a criminal act within the territory of the Republic of Lithuania shall be decided in accordance with international treaties of the Republic of Lithuania and the Criminal Code of the Republic of Lithuania.

3. The persons who enjoy immunity from criminal jurisdiction under international law may not be detained or placed on remand. The procedural actions provided for in this Code may be performed in respect of such persons only with their consent or at their request. The consent of such persons shall be obtained via the Ministry of Foreign Affairs of the Republic of Lithuania.

Article 6. Justice to be administered solely by courts

1. Criminal cases shall be heard solely by courts.

2. Justice in criminal cases shall be administered in accordance with the principle that all persons are equal before the law and court regardless of their origin, social and property status, nationality, race, sex, education, language, religious or political views, type and nature of activity, place of residence and other circumstances.

3. It shall be prohibited to grant anyone privileges or to impose restrictions due to any circumstances and by virtue of an individual’s personal qualities, social and property status.

Article 7. Hearing of cases in compliance with the adversarial principle

1. Cases shall be heard in court in compliance with the adversarial principle.

2. The prosecution and the defence shall, during the hearing of cases in court, have equal rights to adduce evidence, to participate in the examination of evidence, to submit requests, to challenge the arguments of the other party and to make known their views on all issues that arise in the course of hearing of a case and are relevant to its just resolution.

Article 8. Language of proceedings

1. The criminal proceedings taking place in the Republic of Lithuania shall be conducted in the state language.

2. A pre-trial investigation officer, a prosecutor or a court must, within the shortest possible time, determine whether a party to criminal proceedings speaks the Lithuanian language and whether he must be provided with access to the services of a translator/interpreter during the criminal proceedings in order to properly exercise his rights or to understand the process of the criminal proceedings.

3. Parties to criminal proceedings who do not speak the Lithuanian language shall be ensured the right to file motions, to give testimony and to present clarifications, to submit requests and file appeals, to speak in court in their native language or in another language that they speak. In all these cases, also when accessing the case file, the parties to the proceedings shall have the right of access to the services of a translator/interpreter in accordance with the procedure laid down by this Code.

4. A defence counsel must communicate during criminal proceedings with a suspect, an accused person, a convicted person or an acquitted person who does not speak the Lithuanian language in a language that he understands or, if this is not possible, the interpretation of their communication must be ensured.

5. The documents of a case which, in the cases specified in this Code, are served on a suspect, an accused person or a convicted person, as well as on other parties to the proceedings must be translated into their native language or into another language that they speak. Where the suspect, the accused person, the convicted person, the acquitted person or the defence counsel of such a person and a victim or his representative does not speak the Lithuanian language, he shall have the right to submit to a pre-trial investigation officer, a prosecutor or a court a reasoned request also for translation of other relevant documents of the case, or parts thereof, which they have the right to access in accordance with the procedure laid down by this Code into their native language or into another language that they speak. Such a request may only be submitted where the translation of these documents or parts thereof is necessary for the suspect, the accused person, the convicted person or the acquitted person to properly exercise his right of defence or to understand the process of the criminal proceedings. The victim or his representative shall have the right to submit such a request only in the cases when the translation of these documents or parts thereof is necessary to enable them to participate actively in the criminal proceedings. The request shall be considered and resolved by a reasoned decision or ruling of the pre-trial investigation officer, the prosecutor or the court not later than within five days from the receipt thereof. This decision or ruling may be appealed against in accordance with the procedure laid down by this Code.

6. A victim of a criminal act or his representative who does not speak the Lithuanian language shall be ensured the right to file a complaint or a motion regarding the criminal act in his native language or in another language that he speaks or ensured the right of access to the services of an interpreter when filing an oral complaint.

Article 81. Processing of criminal case data and submission of procedural documents using information and electronic communications technologies

1. During a pre-trial investigation, criminal case data shall be processed in electronic format in accordance with the procedure specified by the Minister of the Interior of the Republic of Lithuania and the Prosecutor General of the Republic of Lithuania upon coordination with the Judicial Council and the Council of the Lithuanian Bar. During a hearing in court, the criminal case data shall be processed in electronic format in accordance with the procedure specified by the Judicial Council upon coordination with the Chief Archivist of Lithuania. The Judicial Council shall, upon coordination with the Prosecutor General of the Republic of Lithuania, determine the criminal cases to be kept in electronic format during the hearing thereof in court.

2. An electronic case file shall contain the electronic procedural documents drawn up or received during criminal proceedings. The electronic procedural documents shall bear an advanced electronic signature.

3. The written procedural documents drawn up or received during criminal proceedings may be digitised and their digital copies may be transferred to an electronic case file. A digital copy of a written procedural document must bear an advanced electronic signature of the person who has performed the digitisation of the document. Where due to the requirements of legal acts written documents cannot be digitised, they shall be stored only in written format, and a relevant entry shall be made in the electronic case file.

4. The procedural actions performed by a pre-trial investigation officer, a prosecutor or a judge may be recorded in electronic format.

5. The procedure for serving procedural documents by electronic means during the hearing of a case in court and the format thereof shall be specified by the Minister of Justice of the Republic of Lithuania. The procedure for serving the procedural documents by electronic means during a pre-trial investigation and the format thereof shall be specified by the Minister of the Interior of the Republic of Lithuania and the Prosecutor General of the Republic of Lithuania upon coordination with the Judicial Council and the Council of the Lithuanian Bar.

6. A pre-trial investigation body, a prosecutor’s office or a court shall, during a pre-trial investigation and with regard to the criminal case files kept in electronic format during the hearing of such cases in court as determined by the Judicial Council, serve procedural documents on advocates, advocates’ assistants, bailiffs, assistant bailiffs, notaries, experts, state and municipal enterprises, agencies and organisations, financial institutions and insurance undertakings by electronic means. With regard to the criminal case files which, as determined by the Judicial Council, are kept in electronic format during the hearing of such cases in court, procedural documents shall be served during the hearing in court by electronic means on the persons to whom the obligation to receive procedural documents by electronic means is stipulated by legal acts or under an agreement concluded with the data controller of a judicial information system. As regards other persons, the pre-trial investigation body, the prosecutor’s office or the court shall, during the pre-trial investigation and with regard to the criminal case files which, as determined by the Judicial Council, are kept in electronic format during the hearing of such cases in court, serve the procedural documents on such persons by electronic means if they have agreed to receive the procedural documents by electronic means and have provided the necessary contact details. These persons shall have the right to refuse to receive the procedural documents by electronic means at any stage of the criminal proceedings.

7. Pre-trial investigation bodies, a prosecutor’s office and a court shall, during a pre-trial investigation, also when examining complaints regarding the actions and decisions of a pre-trial investigation officer or a prosecutor, exchange documents in electronic format within the Integrated Information System of Penal Process. This system shall operate in compliance with the Law of the Republic of Lithuania on Management of State Information Resources and other legal acts. Upon completion of the pre-trial investigation, the criminal case files which, in accordance with the procedure specified by the Judicial Council and coordinated with the Prosecutor General of the Republic of Lithuania, are kept in electronic format during the hearing of such cases in court shall be transmitted to court by electronic means. Other criminal case files shall be transmitted to court in writing, in addition to the transmission by electronic means of the criminal case data processed in electronic format.

8. Advocates/advocates’ assistants, other parties to proceedings and the persons subject to procedural coercive measures shall, in accordance with the procedure laid down by legal acts, have the right to submit procedural and other documents by electronic means to a court, a pre-trial investigation body and a prosecutor’s office.

9. During criminal proceedings, the persons referred to in paragraph 6 of this Article must notify a pre-trial investigation body, a prosecutor’s office or a court without delay of any change in their contact details.

10. The day of the service of a procedural document by electronic means on a participant in the hearing of a case shall be deemed to be the working day following the dispatch of the procedural document.

11. In addition to this Code, the use of electronic case files, information and electronic communications technologies in courts shall be stipulated by the Law of the Republic of Lithuania on Courts.

Article 82. Use of information and electronic communications technologies in criminal proceedings

1. In exceptional cases, where it is not possible to ensure the conduct of a pre-trial investigation under normal procedures laid down in this Code, procedural actions may, provided that appropriate technical means are available, be performed during the pre-trial investigation using information and electronic communication technologies (by means of video conferencing) if there are reasonable grounds for believing that this will speed up the pre-trial investigation, except in the cases when it is necessary to apply procedural coercive measures, such as temporary detention, examination of a person, search, bringing, seizure, and to perform other procedural actions provided for in this Code which cannot be performed using information and electronic communications technologies, because, taking into account the nature of such actions and in order to fully and objectively investigate all the circumstances relevant to the investigation and to ensure the rights of parties to proceedings, the procedural actions provided for in this Code need to be performed directly. This issue shall normally be resolved by a pre-trial investigation officer, a prosecutor or a pre-trial judge before a particular procedural action is performed, not by taking a separate procedural decision, but by informing the parties in writing or orally and by noting this in a decision, a ruling or a record of the procedural action to be performed or of a court hearing. The objection of a party to the proceedings whose participation in the proceedings is necessary for the performance of procedural actions as regards the performance of a particular procedural action relating to him using information and electronic communication technologies (by means of video conferencing) shall not have suspensory effect on the performance of the procedural action using such technologies, unless the pre-trial investigation officer, the prosecutor or the pre-trial investigation judge considers such objection to be well-founded.

2. In exceptional cases, where it is not possible to ensure the hearing of cases under normal procedures laid down in this Code, the hearing of cases and the participation of parties to proceedings, witnesses, experts, professionals, interpreters and other participants in the hearing of a case may, provided that appropriate technical means are available, be ensured using information and electronic communications technologies (by means of video conferencing) where there are reasonable grounds for believing that this will speed up the hearing of the case, will not prejudice a full and objective investigation of all the circumstances of the case, and will safeguard the rights of the parties to the proceedings. The court shall normally resolve this issue by issuing a ruling prior to the hearing of the case at a court hearing. This ruling shall not be subject to appeal. The provisions of this paragraph shall not apply in cases when a prosecutor, a victim and/or his representative, an accused person, his legal representative and/or his defence counsel, a civil claimant, a civil defendant and/or their representatives object to the hearing of the case using information and electronic communications technologies (by means of video conferencing).

3. The provisions of paragraphs 1 and 2 of this Article shall also apply to the hearing of appeals against procedural actions and decisions of a pre-trial investigation officer or a prosecutor, as well as appeals received in the course of hearing of a case in court when such appeals must be heard by holding of a court hearing in accordance with the provisions of this Code.

4. If it becomes apparent in the course of a pre-trial investigation or the hearing of a case in court using information and electronic communications technologies (by means of video conferencing) that the direct presence of the parties to the proceedings, a witness, an expert, a professional, an interpreter and other participants in the hearing of the case is necessary for the performance of a particular procedural action, in order to enable them to properly exercise their procedural rights or to fully and objectively investigate the facts of the case, the performance of the procedural action or the court hearing shall be organised in the direct presence of persons called in by a pre-trial investigation officer, a prosecutor or a court.

5. When using the information and electronic communications technologies provided for in paragraphs 1 and 2 of this Article, a pre-trial investigation officer, a prosecutor or a court must, in accordance with the procedure specified by the Minister of Justice upon coordination with the Judicial Council, the Prosecutor General’s Office of the Republic of Lithuania and the Council of the Lithuanian Bar and in accordance with the procedure specified by the Prosecutor General of the Republic of Lithuania upon coordination with the Judicial Council and the Council of the Lithuanian Bar, ensure reliable identification of parties to proceedings, objective recording and submission of data and evidence, access to procedural rights and the hearing of the case in open court, except for the cases provided for in Article 9 of this Code.

6. An audio-visual recording must be made during a pre-trial investigation or in the course of the hearing of a case in court in accordance with the procedure laid down in this Article. This recording shall be attached to a record of a procedural action or of a court hearing and shall form an integral part of the record, while procedural documents shall be served in accordance with the procedure laid down in Article 81 of this Code.

7. A pre-trial investigation and the hearing of cases in court shall be conducted using the information and electronic communication technologies provided for in paragraphs 1 and 2 of this Article in accordance with the rules laid down in this Code and taking into account the specific features provided for in this Article.

Article 9. Hearing of cases in open court

1. Cases shall be heard in open court in all courts, except in the cases when this is contrary to the interests of the State, service, protection of a professional or commercial secret.

2. During a pre-trial investigation, the issues of imposition of supervision measures and other procedural coercive measures or complaints of parties to proceedings shall be heard in closed court, unless a court decides otherwise.

3. In addition to the cases referred to in paragraph 1 of this Article, it shall be possible to hear in closed court the cases concerning the criminal acts of which minors are accused or in respect of which they are recognised as victims, the cases concerning crimes and misdemeanours against the freedom of sexual self-determination and sexual inviolability, also other cases where the aim is to prevent the publication of information about the private life of parties to proceedings or where this is necessary to ensure the victim’s special protection needs, also when questioning a witness or a victim whereto anonymity is applied.

4. Cases may be heard in closed court only under a court ruling. The ruling to hear a case in closed court may be issued for the entire hearing of the case or only for the individual parts thereof. At a closed court hearing, cases shall be heard in observance of all procedural rules.

5. A person accompanying a victim may attend a closed court hearing if permitted by a court. He must comply with the order of the court hearing. Where this person’s participation is contrary to the interests of the victim or precludes the investigation or hearing of the case, the court may remove this person from the entire court hearing or from individual parts thereof by issuing a ruling to this end.

6. Persons under the age of 16 years, unless they are accused persons, victims or witnesses in a case, shall not be allowed to the courtroom.

7. The operative parts of the court judgments passed in closed court shall be published in all cases.

Article 91. Publicity of a case file

1. The file of a case whose hearing has been completed, with the exception of the file of the cases or parts thereof which were heard in closed court, shall be public and accessible to persons other than participants in the hearing of the case. This right shall be acquired by the persons other than participants in the hearing of the case when a court judgment or a court ruling concluding the proceedings becomes final or, if the case may be heard under cassation procedure, after hearing it under cassation procedure or after the expiry of a time limit for filing an appeal under cassation procedure.

2. In a judgment or a ruling concluding court proceedings, where the judgment or the ruling is rendered in open court, a court shall have the right, at the request of the participants in the hearing of the case or of its own motion, to establish by a reasoned ruling that the case file or a part thereof is non-public in the cases when it is necessary to protect the privacy of a person, his private life and home, the confidentiality of information about personal health and in other cases referred to in Article 9(3) of this Code, as well as when there are serious grounds for believing that a state, official, professional or commercial secret will be disclosed.

3. In order to access the file of a case whose hearing has been completed, a person shall submit a request in a specified format. The request format and the procedure for accessing files of cases whose hearing has been completed shall be specified by the Minister of Justice upon coordination with the Chief Archivist of Lithuania.

4. The right to access a case file comprising a state secret or an official secret shall be granted to the persons who have been granted this right by laws and who need to access such information for the performance of their duties.

Article 10. Ensuring of the right of a suspect, an accused person and a convicted person to defence

1. A suspect, an accused person and a convicted person shall have the right to defence. This right shall be ensured to them without delay from the time of detention or the first questioning.

2. A court, a prosecutor and a pre-trial investigation officer must ensure that a suspect, an accused person and a convicted person have the possibility, by the means and in the manner specified by law, to defend themselves against suspicions and charges and to take the measures necessary to ensure the safeguarding of their personal and property rights.

Article 11. Compliance with the principle of proportionality in applying procedural coercive measures and performing investigative actions

1. Procedural coercive measures must be applied only in the cases when the required objectives of proceedings cannot be achieved without them. The application of any procedural coercive measure must be discontinued without delay after it becomes unnecessary.

2. When applying procedural coercive measures and performing the investigative actions provided for in this Code, it shall be prohibited to use violence, threats, to perform the actions that undermine human dignity and are harmful to health. The use of physical force shall be allowed only to the extent that is necessary to eliminate hindrances to the performance of a procedural action.

Article 111. Submission of procedural documents

Procedural documents to be submitted under this Code may be submitted to a district court composed of court chambers in any of the chambers of that court, with the exception of procedural documents submitted during the hearing of a case in court. During the hearing of the case in court, the procedural documents shall be submitted to a district court whose judge or judges are hearing the case or, where the district court is composed of chambers, to the chambers of the court whereto the judge or judges hearing the case are assigned.

CHAPTER II

DEFINITIONS

Article 12. Appellate instance

An appellate instance shall be the Court of Appeal of Lithuania and a regional court, where these courts hear appeals against non-final judgments and rulings of courts of first instance.

Article 13. Appeal

An appeal shall be a complaint filed in accordance with the procedure laid down by law against a non-final judgment or ruling rendered when hearing a case before a court of first instance.

Article 14. Appellant

An appellant shall be a person who has filed an appeal.

Article 15. Close relatives

Close relatives shall be the persons referred to in Article 248(1) of the Criminal Code of the Republic of Lithuania.

Article 16. Higher court

A higher court shall be a court which considers and decides on issues concerning rulings of a lower court in accordance with the special procedure laid down in this Code. A higher court in respect of rulings of a district court shall be a regional court and, in respect of rulings of a regional court, the Court of Appeal of Lithuania.

Article 17. Defence counsel

1. A defence counsel shall be a person who, in accordance with the procedure laid down by law, provides legal aid to a suspect, an accused person, a convicted person or an acquitted person and defends their rights and legitimate interests.

2. A defence counsel may be an advocate and, under the conditions provided for by law, an advocate’s assistant.

Article 171. European arrest warrant

1. The European arrest warrant shall be a decision by a judicial authority of a Member State of the European Union obliging another Member State of the European Union to arrest and surrender a person referred to in this decision for the purposes of conducting a prosecution against the person or executing a sentence involving deprivation of liberty imposed upon him, in accordance with the requirements as to form and content set out in Article 8(1) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States.

2. A decision referred to in paragraph 1 of this Article transmitted by facsimile or any other electronic communications terminals, provided that the integrity and authenticity of the information thus transmitted are ensured, shall also be recognised as the European arrest warrant.

Article 172. Financial penalty imposed by the competent authority of a Member State of the European Union

A financial penalty sanction imposed by a competent authority of a Member State of the European Union shall be the obligation, as imposed on a natural or legal person in respect of a committed criminal act under a decision made by a court or another competent authority of a Member State of the European Union, to pay:

1) a sum of money (fine) imposed in the decision;

2) compensation, as imposed in the decision, for the benefit of a victim where the victim may not be a civil party to criminal proceedings for compensation for the damage caused by the criminal act, and the court awarded such compensation in the exercise of the criminal jurisdiction assigned thereto;

3) a sum of money in respect of the costs of the proceedings;

4) a sum of money (contribution), as imposed in the decision, to a public fund or to a victim support organisation.

Article 173. No longer effective from 19 December 2020.

Article 174. European Public Prosecutor’s Office

1. The European Public Prosecutor’s Office shall be a prosecuting body of the European Union which conducts, organises and controls the investigation of criminal acts and carries out the prosecution of persons within the competence laid down in Regulation (EU) 2017/1939.

2. The European Public Prosecutor’s Office shall participate in criminal proceedings when investigating and prosecuting criminal acts within its competence through a European Delegated Prosecutor and a European Prosecutor acting on behalf of the European Public Prosecutor’s Office on the territory of the Republic of Lithuania.

3. The Permanent Chamber of the European Public Prosecutor’s Office shall, in accordance with the rules laid down in Regulation (EU) 2017/1939, take the decisions referred to in this Regulation regarding investigations and prosecutions conducted by a European Delegated Prosecutor, issue binding instructions to the European Delegated Prosecutor or transfer its decision-making powers to a European Prosecutor supervising pre-trial investigations and prosecutions.

4. A European Delegated Prosecutor and a European Prosecutor shall, during a pre-trial investigation and prosecution in courts, perform the functions of a prosecutor and take decisions in accordance with the rules of criminal procedure laid down in Regulation (EU) 2017/1939 and this Code.

Article 18. Pre-trial investigation officer

1. A pre-trial investigation officer shall be a person working at a pre-trial investigation body who, on an assignment of the head of this body or a division thereof or the persons authorised by them, performs pre-trial investigation actions provided for by this Code, namely, seeks to identify the perpetrator of a criminal act and the circumstances of commission of such an act.

2. The head of a pre-trial investigation body or a division thereof shall be a pre-trial investigation officer responsible for organising and controlling the activities of officers, being subordinate to him, of the body or the division thereof whose main or one of the functions is to conduct a pre-trial investigation.

Article 19. Pre-trial investigation judge

A pre-trial investigation judge shall be a judge of a district court appointed by the chair of the district court to perform procedural actions provided for by law and to take decisions.

Article 20. Evidence

1. Evidence in criminal proceedings shall be the data obtained in accordance with the procedure laid down by law.

2. A judge or a court handling a case shall decide, on a case-by-case basis, whether the received data should be considered as evidence.

3. Only the data which confirm or deny at least one circumstance relevant to the just resolution of a case may be used as evidence.

4. Only the data obtained by lawful means which may be verified by procedural actions provided for in this Code may be used as evidence.

5. Judges shall weigh evidence on the basis of their inner conviction based on a full and impartial examination of all the facts of the case in accordance with law.

Article 21. Suspect

1. A suspect shall be a participant in a pre-trial investigation.

2. A suspect shall be a person detained on suspicion of having committed a criminal act, or a person being questioned about the act of which he is suspected, or a person summoned to a questioning to whom a notice of suspicion as provided for in Article 187 of this Code has been issued.

3. Where a person goes into hiding or his whereabouts are unknown, he shall be recognised as a suspect by a decision of a prosecutor or a ruling of a pre-trial investigation judge or, in urgent cases, by a decision of a pre-trial investigation officer.

4. A suspect shall have the right: to be informed of the state of criminal proceedings concerning him, to know suspicions against him; to have a defence counsel from the moment of detention or the first questioning; to have access to interpretation and translation; to have consular authorities and one person informed; to have access to urgent medical assistance; to know the maximum number of hours or days he may be deprived of liberty before being brought before a judicial authority; to give testimony; to remain silent and/or to refuse to give testimony of a criminal act allegedly committed by him; to submit documents and objects relevant to the investigation; to submit requests; to file motions for challenge; to have access to the materials of the pre-trial investigation; to appeal against the actions and decisions of a pre-trial investigation officer, a prosecutor or a pre-trial investigation judge; to be accompanied by a legal representative at court hearings and during other procedural actions, also the right to protection of privacy where the suspect is a minor.

Article 22. Accused person

1. An accused person shall be a participant in the hearing of a case in court.

2. An accused person shall be a person in respect of whom an indictment has been issued by a prosecutor in accordance with the procedure laid down in this Code or a prosecutor’s motion for a person’s punishment by issuing a penal order, also a person against whom a case is being heard in court under the accelerated procedure.

3. An accused person shall have the right: to be informed of the state of criminal proceedings concerning him, to know his charges and to obtain a transcript of an indictment; to have access to the case file in court; to make, in accordance with the prescribed procedure, extracts from or transcripts of the required documents; to have a defence counsel; to have access to interpretation and translation; to have consular authorities and one person informed; to have access to urgent medical assistance; to submit requests; to file motions for challenge; to adduce evidence and participate in its examination; to give testimony and ask questions during the hearing in court; to provide clarifications about the circumstances of the case under investigation by the court and to present his opinion on the requests submitted by other participants in the hearing in court; to remain silent and/or to refuse to give testimony of a criminal act allegedly committed by him; to participate in closing speeches in the absence of a defence counsel; to appeal to court with the final plea; to appeal against the court’s judgment and rulings; to be accompanied by a legal representative at court hearings and during other procedural actions, also the right to protection of privacy where the accused is a minor.

4. An accused person in respect whereof a judgment of conviction was passed shall become a convicted person and an accused person in respect whereof a judgment of acquittal was passed shall become an acquitted person.

Article 23. Indictment

An indictment shall be a document, as adopted by a prosecutor, which concludes a pre-trial investigation, describes a criminal act, indicates the data on which the charge is based and a criminal law providing for that act.

Article 24. Cassation instance

The Supreme Court of Lithuania shall be the court of cassation. It shall hear cases of appeals against final judgments or rulings.

Article 25. Appeal in cassation

An appeal in cassation shall be an appeal filed in accordance with the procedure laid down by law against a final judgment or ruling.

Article 26. Appellant in cassation

An appellant in cassation shall be a person who has filed an appeal in cassation.

Article 27. Night time

Night time shall be the time of day from 10 p.m. to 6 a.m.

Article 271. Minor

1. A minor shall be a natural person who, at the time of performance of a procedural action, is under the age of 18 years.

2. If the age of a natural person raises doubts as to whether he is of full age, he shall be considered a minor until determination of his age.

3. If a minor reaches the age of majority before completion of criminal proceedings, one or more guarantees laid down for minors in this Code may continue to apply to him by a decision of a prosecutor or by a court ruling in addition to the rules for the imposition of remand laid down in Article 127 of this Code.

Article 272. Individual assessment of a minor

Individual assessment of a minor suspect or a minor accused person shall mean generalisation of information about the personality of the minor suspect or the minor accused person, his environment and needs in the areas of protection, education and social integration, as performed by a state institution for the protection of the rights of the child or a custodial facilities wherein the minor is held.

Article 28. Victim

1. A victim shall be a natural person who has suffered physical, material or non-material damage as a result of a criminal act or a family member or close relative of a natural person deceased as a result of the criminal act who has suffered physical, material or non-material damage as a result of the person’s death. A person shall be recognised as a victim by a decision of a pre-trial investigation officer or a prosecutor or by a court ruling.

2. A victim and his representative shall have the right: to be informed of the state of criminal proceedings concerning him; to give testimony; to submit requests; to file motions for challenge; to participate in the assessment of his special protection needs; to have access to the case file during a pre-trial investigation and in court; to participate in the hearing of the case in court; to appeal against the actions of a pre-trial investigation officer, a prosecutor, a pre-trial investigation judge and a court, also to appeal against a court judgment or a ruling; to deliver a closing speech. The victim shall also have the right to refuse to be informed of the status of the criminal proceedings concerning him, unless such refusal would prejudice the rights of a suspect or an accused person.

3. A victim must give testimony. He shall take an oath and be liable for false testimony as a witness.

Article 29. Judgment

1. A judgment shall be: a document adopted at a court hearing by a court of first instance whereby an accused person is found guilty or innocent and, if the accused person is found guilty, a penalty is imposed on him or he is released from a penalty; a document whereby an appellate court amends or annuls a judgment of a court of first instance; a document whereby a court of first instance or an appellate court dismisses the case.

2. A penal order of a court shall also be considered to be a judgment.

Article 30. Decision

A decision shall be a reasoned document of a pre-trial investigation officer or a prosecutor investigating a criminal act, with the exception of an indictment.

Article 31. Ruling

A ruling shall be a decision taken by a judge or a court in a criminal case, with the exception of a judgment and a penal order of the court.

Article 32. Court of first instance

A court of first instance shall be a district court or a regional court which passes a judgment in a case, with the exception of a regional court competent to hear a case under appeal procedure.

Article 33. Oath

1. An oath shall be a solemn pledge given to a court to tell the truth, to present a correct conclusion or to interpret correctly.

2. A witness, a victim, an expert, a professional and an interpreter shall take an oath in court in the words prescribed by law.

Article 34. No longer effective from 1 October 2017.

Article 35. Prosecutor

A prosecutor shall be the Prosecutor General of the Republic of Lithuania and the prosecutors subordinate thereto as well as a European Delegated Prosecutor and a European Prosecutor acting in the Republic of Lithuania on behalf of the European Public Prosecutor’s Office and participating in criminal proceedings within their competence.

Article 36. Record

A record shall be a document confirming, in accordance with the procedure laid down by this Code, the fact of the conduct of a pre-trial investigation or the performance of a court’s actions, their content and results.

Article 361. Social investigation report

A social investigation report shall be a document drawn up by a professional and describing the social environment of an accused person or a convicted person, criminogenic factors, also providing other information helping a court individualise the conditions of probation.

Article 362. Special protection needs

Special protection needs shall be the needs of a victim, based on his personal characteristics, the nature of a criminal act or the circumstances of commission thereof, regarding access to the guarantees stipulated in this Code in order to protect the victim from mental trauma, criminal influence or other negative consequences.

Article 37. Compelling reasons for a person’s non-participation in criminal proceedings

1. The following shall be considered as compelling reasons for a person’s non-participation in criminal proceedings:

1) deprivation of liberty for the purposes of detention, remand or serving of a sentence;

2) loss of communications due to an epidemic, an attack of an enemy, an exceptionally large flood or similar force majeure;

3) departure on a long-distance voyage;

4) unexpected loss of the summoned person’s major assets;

5) an illness that prevents the person from appearing under the summons, as confirmed by a certificate in the form specified by the Minister of Health addressed to a pre-trial investigation body, a prosecutor or a court;

6) death of family members or close relatives or their acute life-threatening condition;

7) non-receipt of a summons or late receipt thereof.

2. By a decision of a pre-trial investigation officer, a prosecutor, a pre-trial investigation judge or a court, another reason for a person’s non-participation may also be recognised as a compelling reason for non-participation.

3. As a rule, a representative’s and defence counsel’s engagement in another case shall not be considered as a compelling reason for non-participation in criminal proceedings.

Article 38. Family members

The family members of a person shall be the parents/adoptive parents, children/adopted children, brothers, sisters and their spouses residing together with that person, the spouse of the person or the person with whom the person is cohabiting without registering a marriage or the person with whom that person agreed to enter into marriage in accordance with the procedure laid down by the Civil Code of the Republic of Lithuania, as well as the parents, dependants or former spouses of the spouse.

Article 39. Judge

A judge shall be the President of the Supreme Court of Lithuania, the chair of a division of the Supreme Court of Lithuania, a justice of the Supreme Court of Lithuania; the President of the Court of Appeal of Lithuania, the chair of a division of the Court of Appeal of Lithuania, a judge of the Court of Appeal of Lithuania; the chair of a regional court, the chair of a division of the regional court, a judge of the regional court; the chair of a district court, the deputy chair of the district court, a judge of the district court.

Article 40. Court

1. Courts shall be the Supreme Court of Lithuania, the Court of Appeal of Lithuania, a regional court, and a district court.

2. A court shall be: a judge of a district court or a judicial panel of a district court, a judge of a regional court or a judicial panel of the criminal division of a regional court, a judge of the Court of Appeal of Lithuania or a judicial panel of the Criminal Division of this court, a mixed judicial panel of three judges of the criminal division and the civil division of a regional court or the Court of Appeal of Lithuania, a judicial panel of three justices or an extended judicial panel of seven justices of the Criminal Division of the Supreme Court of Lithuania or a plenary session of the Criminal Division of the Supreme Court of Lithuania, or a mixed judicial panel of three justices or an extended judicial panel of seven justices of the Criminal Division and the Civil Division of the Supreme Court of Lithuania, or a plenary session of the Supreme Court of Lithuania considering and taking decisions on the issues provided for in this Code. Cases shall be assigned to judges/justices and judicial panels shall be formed in accordance with the established procedure for the assignment of cases and the formation of judicial panels.

3. A district court may be composed of territorial subdivisions, namely, chambers of the district court.

Article 41. Court’s penal order

A court’s penal order shall be a judgment passed by the court without hearing a case in court.

Article 411. No longer effective from 15 June 2017.

Article 42. Public prosecution

Public prosecution shall be a prosecutor’s activities whereby he proves that a person charged with the commission of a criminal act is guilty.

Article 43. Interpreter

An interpreter shall be a person who is competent in the languages required for interpretation or understands the signs of a mute or deaf person and who has been called in by a pre-trial investigation officer, a prosecutor, a pre-trial investigation judge or a court to participate in proceedings in accordance with the procedure laid down by this Code. The interpreter may participate in the proceedings if his participation is ensured by audiovisual transmission, except where direct presence of the interpreter is necessary in order for a party to the proceedings to properly exercise his rights or to understand the process of criminal proceedings.

CHAPTER III

ENSURING OF RIGHTS OF PARTIES TO PROCEEDINGS

SECTION ONE

GROUNDS FOR ENSURING INDIVIDUAL RIGHTS

Article 44. Safeguarding of individual rights during criminal proceedings

1. No person may be deprived of his liberty save in the cases provided for in this Code and in accordance with the established procedure.

2. Every detained or remanded person must be informed promptly, in a language which he understands, of the reasons for his detention or placement on remand.

3. Every detained or remanded person shall have the right to refer to court for complaining about wrongful detention or placement on remand.

4. Every person who has been wrongfully detained or placed on remand shall have the right to compensation in accordance with the procedure laid down by law.

5. Every person accused of the commission of a criminal act shall have the right to a fair and public hearing of his case within the shortest possible time by an independent and impartial court.

6. Every person suspected or accused of the commission of a criminal act shall be presumed innocent until proved guilty according to the procedure laid down by this Code and recognised as such by a final court judgment. All doubts and/or uncertainties regarding the guilt of the person charged with the commission of a criminal act or other circumstances relevant to the just resolution of the case which, having exhausted all possibilities of procedural actions, cannot be eliminated in the course of criminal proceedings shall be assessed for the benefit of the person charged with the commission of the criminal act.

7. Every person suspected or accused of the commission of a criminal act shall have the right to be informed promptly, in a language which he understands and in detail, of the nature and cause of the charge against him, to have adequate time and facilities for the preparation of his defence, to question or to request questioning of witnesses, to have the free assistance of an interpreter if he does not understand or speak the Lithuanian language.

8. Every person suspected or accused of the commission of a criminal act may defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, must be given it free in accordance with the procedure laid down by the law regulating the provision of state-guaranteed legal aid. It shall be prohibited to control the communication between a suspect, an accused person, a convicted person, an acquitted person and their defence counsel, namely, meetings, correspondence, telephone conversations or other forms of communication.

9. Every person shall have the right to respect for private and family life, home, correspondence, telephone conversations, telegraph messages and other communication. These personal rights may be restricted in the course of criminal proceedings in the cases and in accordance with the procedure provided for in this Code.

10. Every victim of a criminal act shall have the right to request that the perpetrator of the criminal act be identified and justly punished, to be paid compensation for the damage caused by the criminal act and, in the cases provided for by law, also compensation from the Crime Victims Fund, also receive state-guaranteed legal aid free of charge according to the procedure laid down by law.

11. A pre-trial investigation officer or a prosecutor must take measures to prevent the application of procedural coercive measures, namely, personal examination, search, personal search, bringing in, seizure, also to ensure that a person is not detained or placed on remand in the presence of a minor, with the exception of the cases when the minor himself is suspected of having committed a criminal act. If the procedural coercive measures referred to in this paragraph have been applied in the presence of the minor, the pre-trial investigation officer or the prosecutor shall inform a state child rights protection institution without delay.

Article 45. Duty to instruct parties to proceedings as to their rights and to ensure them

A judge, a prosecutor and a pre-trial investigation officer must instruct parties to proceedings as to their procedural rights and ensure their ability to exercise such rights.

Article 46. Duty of a pre-trial investigation officer, a prosecutor and a judge to instruct a person as to the procedure for reinstating violated rights and compensating for damage caused by unlawful actions

1. When criminal proceedings are terminated due to the absence of elements of a crime or a misdemeanour but a person was placed on remand, also when a judgment of acquittal is passed, a prosecutor and a judge must instruct the person as to the procedure for reinstating the rights violated by the unlawful detention, remand or conviction and for compensating for damage.

2. If a person recognised as a victim suffered damage due to a violent crime, a pre-trial investigation officer or a prosecutor must, immediately after recognising the person as a victim, instruct him as to the right to seek compensation in accordance with the Law of the Republic of Lithuania on the Compensation for Damage Caused by Violent Crimes.

SECTION TWO

DEFENCE

Article 47. Defence counsel

1. A defence counsel shall be advocates. The same advocate may not be the defence counsel of two or more persons if the defence interests of one of them are in conflict with the other person’s defence interests.

2. An advocate’s assistant may be assigned by an advocate to act as a defence counsel, unless the defendant objects thereto. The advocate’s assistant may not act as a defence counsel when hearing in court a case of a serious or grave crime.

3. One person may have several defence counsels. In the cases when a suspect or an accused person has several defence counsels and at least one of them appears to participate in proceedings, the proceedings may take place.

Article 48. Rights and duties of a defence counsel

1. A defence counsel shall have the right:

1) to access a record of a suspect’s detention and a European arrest warrant;

2) to participate in the questioning of a suspect or an accused person, also to meet in private with the suspect or the accused person before the questioning or before a court hearing;

3) to communicate with a suspect or an accused person and to meet with them in private without hindrance. The number and duration of meetings with a detained or remanded suspect or accused person shall not be limited;

4) to participate in the actions performed with a suspect or an accused person, also in the actions performed at the request of the suspect or the accused person or their defence counsel;

5) to participate in any other evidence collection actions if permitted by a pre-trial investigation officer, a prosecutor or a judge;

6) to ask questions, to request clarifications and to file motions when performing the actions indicated in points 2, 4 and 5 of this paragraph;

7) to independently collect the data necessary for defence which the defence counsel can obtain without resorting to procedural coercive measures: to obtain the documents and objects necessary for defence from undertakings, institutions and organisations and persons, to speak with persons about the circumstances of an incident known to them, to inspect and to photograph the place of the incident, vehicles or to otherwise record the information necessary for defence;

8) to access, during a pre-trial investigation, documents of procedural actions in the cases and in accordance with the procedure laid down by this Code;

9) to submit requests and to file motions for challenge;

10) to appeal, in accordance with the procedure laid down by this Code, against the actions and decisions of a pre-trial investigation officer, a prosecutor, a pre-trial investigation judge and a court and to participate in court hearings concerning these appeals;

11) to communicate with the defence counsel appointed by the State that has issued or is executing a European arrest warrant and to receive and to submit the documents and objects necessary for defence.

2. A defence counsel must:

1) use all the means and methods of defence provided for by law in order to establish the circumstances acquitting the defendant or mitigating his liability and provide the required legal assistance to the defendant;

2) appear before a pre-trial investigation officer, a prosecutor and a court at the set time; if being unable to appear, inform the pre-trial investigation officer, the prosecutor or the court in advance of non-appearance and the reasons therefor; the defence counsel who fails to appear in the absence of compelling reasons may be subject to a fine provided for in Article 163 of this Code;

3) observe the procedure for performing procedural actions and holding court hearings as laid down by law, comply with lawful requirements of a pre-trial investigation officer, a prosecutor, a judge and a court;

4) keep professional secrets; an advocate and his assistant shall not have the right to make public the information which became known to them while exercising their duties of a defence counsel;

5) not refuse to defend a suspect, an accused person or a convicted person whom he has already committed to defend, except in the cases when the circumstances referred to in Article 61(1) of this Code transpire or when the participation of the defence counsel in several cases becomes incompatible;

6) not use unlawful means of defence.

Article 49. Challenge of a defence counsel using unlawful means of defence

1. Where a prosecutor during a pre-trial investigation, or a court hearing a case in the course of court proceedings, establishes that a defence counsel uses unlawful means of defence, they shall have the right to challenge the defence counsel. In such a case, another defence counsel shall be called in or appointed in accordance with the procedure laid down Article 50 of this Code.

2. A defence counsel and a suspect may appeal against a prosecutor’s decision challenging the defence counsel to a pre-trial investigation judge; the latter must hear the appeal within three days. A defence counsel and an accused person may appeal against a court ruling challenging the defence counsel in accordance with the procedure laid down in Part X of this Code.

Article 50. Calling in and appointment of a defence counsel

1. A pre-trial investigation officer, a prosecutor and a court must instruct a suspect and an accused person as to their right to defence from the moment of detention or the first questioning and enable them to exercise this right. A detained suspect shall be ensured the possibility to meet with his defence counsel in private prior to the first questioning. A record shall be drawn up regarding the request of a suspect or an accused person to have a defence counsel or his waiver of a defence counsel.

2. A suspect, an accused person and a convicted person shall have the right to select and call in a defence counsel of their own choosing. The defence counsel may be called in on an assignment of the suspect, the accused person or the convicted person by their legal representatives or by other persons if assigned by the suspect, the accused person or the convicted person.

3. If a suspect, an accused person or a convicted person requests to ensure participation of a defence counsel and participation of the defence counsel is not necessary in accordance with Article 51 of this Code or compulsory in other cases provided for by law, a pre-trial investigation officer, a prosecutor or a court shall instruct the suspect, the accused person or the convicted person as to the procedure for exercising the right to state-guaranteed legal aid.

4. In the cases when a person is temporarily detained in accordance with the procedure laid down in Article 140 of this Code and he has not exercised the right referred to in paragraph 2 of this Article to select and call in a defence counsel, a pre-trial investigation officer or a prosecutor must appoint a defence counsel where the detainee requests to ensure participation of a defence counsel. Pursuant to this paragraph, the defence counsel shall be appointed regardless of the defendant’s wishes to have a specific advocate. The defence counsel shall be selected and appointed in accordance with the procedure laid down in Article 51(3) of this Code.

5. In the cases when a defence counsel selected by a suspect, an accused person or a convicted person cannot participate in proceedings for more than three consecutive days, a pre-trial investigation officer, a prosecutor and a judge shall have the right to propose to the suspect, the accused person or the convicted person to call in another defence counsel or, if they fail to do so, must appoint the defence counsel. If the defence counsel selected by the suspect, the accused person or the convicted person cannot, within six hours, appear in the first questioning or a questioning concerning the validity of placement on remand, the pre-trial investigation officer, the prosecutor or a court shall have the right to propose to the suspect, the accused person or the convicted person to call in another defence counsel or, if they fail to do so, must appoint the defence counsel. According to this paragraph, the defence counsel shall be appointed regardless of the defendant’s wishes to have a specific advocate. The defence counsel shall be selected and appointed in accordance with the procedure laid down in Article 51(3) of this Code. The appointment of a new defence counsel shall not prevent the defence counsel previously selected by the person from participating in the proceedings.

Article 51. Necessary participation of a defence counsel

1. Participation of a defence counsel shall be necessary:

1) in investigating cases concerning the acts of which a minor is suspected or accused;

2) in investigating cases concerning the blind, the deaf, the mute and other persons who cannot exercise their right of defence by reason of physical or mental impairments;

3) in the course of hearing of cases involving the persons not speaking the language of the proceedings;

4) when there are contradictions concerning the defence interests of suspects or defendants, if at least one of them has a defence counsel;

5) in the course of hearing of cases of the crimes which may be subject to a custodial life sentence;

6) in the course of hearing a case in accordance with the procedure laid down in Chapter XXXII of this Code in the absence of an accused person;

7) when deciding on imposition of remand on a suspect or an accused person, also when investigating and hearing the cases in which a suspect or an accused person is on remand;

8) when deciding on a person’s extradition or surrender to the International Criminal Court or under a European arrest order;

9) in the course of hearing of a case under the accelerated procedure;

10) in other cases provided for by this Code.

2. A pre-trial investigation officer, a prosecutor by a reasoned decision or a court by a reasoned ruling shall have the right to recognise that the participation of a defence counsel is necessary also in other cases if, in their opinion, the rights and legitimate interests of a suspect or an accused person are not adequately defended without the assistance of a defence counsel.

3. In the cases referred to in this Article, as well as in the cases referred to in Article 50(4) and (5) of this Code, if a suspect, an accused person or a convicted person has not himself called in a defence counsel or other persons have not called in the defence counsel on his assignment or with his consent, a pre-trial investigation officer, a prosecutor or a court must instruct the suspect, the accused person or the convicted person that the costs of state-guaranteed legal aid which has been granted, incurred due to the necessity of the presence of a defence counsel and taking into account the financial situation of the suspect, accused person or convicted person, except for the cases referred to in points 1 and 2 of paragraph 1 of this Article, may be recovered to the state budget in accordance with the procedure laid down in this Code and inform the institution organising the provision of state-guaranteed legal aid or the coordinator appointed by it that a defence counsel is necessary for the suspect, the accused person or the convicted person and appoint a defence counsel selected by this institution. On rest days and holidays as well as outside the working hours of the institution organising the provision of state-guaranteed legal aid, the defence counsel shall be appointed by a pre-trial investigation officer, a prosecutor or a court on the basis of the on-call lists of advocates providing state-guaranteed legal aid in criminal cases compiled by this institution. The suspect, the accused person or the convicted person shall be notified of the appointed defence counsel without delay by serving on or sending to them a transcript of the ruling or decision to appoint the defence counsel.

4. After the circumstances referred to in Article 50(4) and (5) of this Code and in paragraphs 1 or 2 of this Article due to which state-guaranteed legal aid has been granted to a suspect, an accused person or a convicted person have ceased to exist, a pre-trial investigation officer, a prosecutor by a decision or a court by a ruling shall terminate the provision of state-guaranteed legal aid.

Article 52. Waiver of defence counsel

1. A suspect or an accused person shall have the right to waiver of defence counsel at any stage of proceedings, except in the case provided for in Article 433 of this Code. The waiver of defence counsel shall be permitted only of the suspect’s or the accused person’s own motion. Prior to waiving his defence counsel, the suspect or the accused person must be instructed without delay in the language which he understands as to the consequences of the waiver of defence counsel, including the possibility of having a defence counsel again at any stage of the proceedings. A record shall be drawn up regarding the waiver of defence counsel.

2. A pre-trial investigation officer, a prosecutor and a court shall not be bound by any waiver of defence counsel filed by a minor or by a person who, by reason of his physical or mental impairments, cannot exercise the right of defence himself, as well as by a person who does not speak the language of the proceedings or by a person suspected of or charged with a serious or grave crime in the cases when, due to the complexity or large volume of a case or in other cases, doubts arise as to the person’s ability to exercise his right of defence.

3. Waiver of defence counsel shall not deprive a suspect, an accused person or a convicted person of the right to have a defence counsel again at any stage of the proceedings.

SECTION THREE

REPRESENTATION

Article 53. Legal representatives

1. Legal representatives of a suspect, an accused person, a convicted person or a victim may participate in proceedings and defend the interests of the parties to the proceedings represented by them if they are minors or have been recognised as legally incapable in accordance with the established procedure, except for the cases when this would be contrary to the interests of a minor or a legally incapable person.

2. Legal representatives may be parents, adoptive parents, guardians, curators of a minor or a legally incapable suspect, accused person, convicted person and victim or the persons authorised by an institution acting as a guardian or curator of the suspect, the accused person, the convicted person or the victim.

3. A legal representative who has submitted a written or oral request shall be allowed to participate in proceedings where a pre-trial investigation officer, a prosecutor adopts a decision and a court issues a ruling thereon. The legal representative shall, as a rule, participate in the proceedings together with the person he represents. The pre-trial investigation officer, the prosecutor may adopt a decision, and the court may issue a ruling, refusing to allow the representative to participate in the proceedings in the capacity of a representative in the cases when this would be contrary to the interests of a minor or a legally incapable person. In such a case, also where it is impossible to contact a legal representative or where his identity is unknown, a person selected by him and recognised by the pre-trial investigation officer, the prosecutor or the court as fit to be a legal representative may be a legal representative of a minor. Where the minor has not selected any other person or the person selected by him is not fit to act as a legal representative, the pre-trial investigation officer or the prosecutor, the pre-trial investigation judge or the court shall, taking into account the minor’s interests, appoint another person capable of adequately representing the minor. Where it is refused to allow a person to participate in criminal proceedings as a legal representative of a legally incapable person, the pre-trial investigation officer, the prosecutor or the court must ensure the participation of another legal representative in the proceedings. The pre-trial investigation officer, the prosecutor or the court must temporarily, pending resolution of the issue of a new legal representative, appoint as a representative any other person capable of adequately representing the interests of the minor or the legally incapable person.

4. A family member or a close relative of a person who is not recognised as legally incapable in accordance with the established procedure but who, due to his old age, disability, illness or for other compelling reasons, is unable to properly exercise the rights granted by law may, upon a written or oral request, be permitted to participate in proceedings in the capacity a legal representative by a decision of a prosecutor or by a court ruling.

5. The persons referred to in paragraph 2 of this Article may be legal representatives of a minor witness being questioned.

Article 54. Rights and duties of a legal representative

1. A legal representative shall have the right to accompany a person represented by him throughout criminal proceedings, to participate in the performance of procedural actions involving the person represented by him and to assist this person in exercising the rights conferred by law. If the represented person is on remand, the legal representative may, if permitted by a pre-trial investigation officer, a prosecutor and a judge, meet with him. The legal representative shall also have the right to obtain information about the rights of a minor in criminal proceedings. When the circumstances referred to in Article 53(3) of this Code due to which the legal representative of a minor has been refused permission to participate in proceedings in the capacity of a representative, cease to exist, he shall also be provided with information about the rights of a minor in criminal proceedings.

2. A legal representative must, when summoned, appear before a pre-trial investigation officer, a prosecutor, a judge and a court and observe the established procedure in the course of a pre-trial investigation and hearing in court.

3. A legal representative may be questioned as a witness, also engaged in proceedings in the capacity of a civil defendant. In these cases, he shall have the rights and duties of a witness or a civil defendant.

Article 55. Authorised representatives

1. An authorised representative of a victim, a civil claimant, a civil defendant, a witness, a bailsperson, a person whose ownership rights have been temporarily restricted or whose property has been confiscated, a person who is to be placed under the obligation to disclose confidentiality of the source of information shall be a person who provides legal assistance to these parties to proceedings and defends their rights and legitimate interests.

2. An authorised representative may be an advocate or, on an assignment of the advocate, an advocate’s assistant and, if permitted by a pre-trial investigation officer, a prosecutor or a judge, another person with higher legal education who has been authorised by a party to proceedings to represent his interests. A legal person may have as its representative the manager of the legal person or an authorised employee or an advocate.

3. An authorised representative shall be allowed to participate in proceedings where a pre-trial investigation officer or a prosecutor adopts a decision, or a court issues a ruling, on the participation of the representative. The representative may take part in the proceedings together with a person represented by him. The representative, except for a witness’ representative, may also participate in place of the person represented by him. The failure of the witness’ authorised representative to appear shall not preclude the continuation of procedural actions. The represented person may at any time refuse the representative’s services or choose another representative.

4. A pre-trial investigation officer, a prosecutor by a reasoned decision, or a court by a reasoned ruling, shall recognise that the participation of an authorised representative is necessary in cases concerning criminal acts against human health, liberty, freedom of sexual self-determination and sexual inviolability, the child and the family or morals, when these acts have caused damage to a minor, also in other cases when the minors victim’s rights and legitimate interests would not be adequately defended without the assistance of the authorised representative. In such cases, as regards the participation of an authorised representative, provisions of Articles 51 and 52 of this Code shall apply accordingly.

5. In cases provided for in the laws regulating the provision of state-guaranteed legal aid, a victim and a civil claimant shall have the right to receive state-guaranteed legal aid.

Article 56. Rights and duties of a representative

1. An authorised representative shall have the same rights as a party to proceedings represented by him.

2. A victim’s representative shall have the right to participate in a questioning of the victim and in all procedural actions performed at the request of the victim.

3. An authorised representative must provide legal assistance to a person represented by him, represent his rights and legitimate interests; when summoned, appear before a pre-trial investigation officer, a prosecutor, a judge and a court; during a pre-trial investigation and hearing in court, observe the established procedure.

Article 561. Person accompanying a victim

During criminal proceedings, a victim may be accompanied by a person of his own choosing. This person must observe the established procedure during a pre-trial investigation and hearing in court. Participation of the person accompanying the victim during the criminal proceedings or individual parts thereof may be restricted by a decision of a pre-trial investigation officer or a prosecutor or by a ruling of a pre-trial investigation judge or a court if such participation is contrary to the interests of the victim or precludes the investigation or hearing of the case.

SECTION FOUR

CHALLENGE

Article 57. Right of challenge

1. A motion for challenge may be filed by a suspect, an accused person, a convicted person, an acquitted person, a defence counsel, a prosecutor, also a victim, a civil claimant, a civil defendant or their representatives.

2. A motion for challenge may be filed against a pre-trial investigation officer, a prosecutor, a pre-trial investigation judge, a trial clerk, an interpreter, an expert and a professional.

Article 58. Grounds for challenge

1. A person referred to in Article 57(2) of this Code may not participate in proceedings if:

1) he is a victim, a civil claimant, a civil defendant, a family member or a relative of any of these persons, a family member or a relative of a suspect, an accused person and a convicted person or of a legal representative, a judge, a pre-trial investigation judge, a prosecutor, a pre-trial investigation officer or a defence counsel in the case in question;

2) he participated in the case in the capacity of a witness, a legal representative of a suspect, an accused person or a convicted person, a representative of a victim, a civil claimant or a civil defendant;

3) he or his family members or relatives are interested in the outcome of the case;

4) parties to the proceeding reasonably indicate other circumstances giving rise to reasonable doubts as to the impartiality of the person referred to in Article 57(2) of this Code.

2. In addition, a judge may not participate in proceedings or repeatedly hear the same case:

1) if he participated in the proceedings in the capacity of a pre-trial investigation officer, a prosecutor or a defence counsel;

2) if he decided the issue of the suspect’s placement on remand or extension of the term of his remand, authorised the application of procedural coercive measures or heard appeals of parties to the proceedings in the same case;

3) if he passed a judgment in a court of first instance, he may not hear the same case under appeal procedure and cassation procedure, also may not retry the case in the court of first instance in the event of annulling the judgment passed by him;

4) if he adopted a decision in an appellate court, he may not hear the case under cassation procedure;

5) if he adopted a decision in a court of cassation, he may not participate in the hearing of the case under appeal procedure;

6) if he adopted a decision in an appellate court or a court of cassation, he may not retry the case in a court of first instance.

3. An interpreter, an expert and a professional may not participate in proceedings also in the cases when their incompetence transpires.

4. Previous participation in proceedings of a pre-trial investigation officer, a prosecutor, a trial clerk, an interpreter, an expert or a professional in the capacity of respectively a pre-trial investigation officer, a prosecutor, a trial clerk, an interpreter, an expert or a professional shall not represent a ground for challenge thereof.

Article 59. Challenge in court

1. A judge, a trial clerk, an interpreter, an expert, a professional or a prosecutor must recuse himself on the grounds referred to in Article 58 of this Code. An advocate or an advocate’s assistant must recuse himself on the grounds referred to in Article 61 of this Code. On the same grounds, the persons referred to in Article 57(1) of this Code may file a motion for their challenge. The motion for challenge must be filed and reasoned until the commencement of the examination of evidence by a court. The motion for challenge may be filed at later stages of proceedings only in the cases when the person who has filed the motion for challenge becomes aware of the ground for challenge after the commencement of the examination of evidence.

2. Where a case is being heard before a judicial panel of three judges or an extended judicial panel of seven judges, the procedure for challenging a judge shall be as follows:

1) other judges shall consider a motion for challenge filed against the judge in his absence. If the votes are divided by half, the judge shall be deemed to have been challenged;

2) the challenge of several judges or the entire judicial panel is decided by a simple majority of votes of the judicial panel hearing the case;

3) the judges against whom a motion for challenge was filed have the right to make a statement regarding the challenge;

4) the court decides on recusal or challenge in the deliberation room.

3. If a case is heard by a single judge, the challenge of the judge shall be decided by the judge himself. He shall have the right to make a statement regarding the challenge.

4. The recusal of a judge must be validated by the chair of a court, the deputy chair of the court, the chair of the criminal division of the court or a judge appointed thereby. If the chair of the court, the deputy chair of the court, the chair of the criminal division or the judge appointed thereby does not validate the recusal of the judge, the judge who has filed the unfounded motion for recusal must hear the case on the merits.

5. The challenge of a trial clerk, an interpreter, an expert, a professional or a prosecutor shall be decided by the court hearing the case.

Article 60. Challenge during a pre-trial investigation

1. A pre-trial investigation officer, a prosecutor, a pre-trial investigation judge, an interpreter, an expert or a professional must recuse himself on the grounds indicated in Article 58 of this Code. An advocate or an advocate’s assistant must recuse himself on the grounds referred to in Article 61 of this Code. On the same grounds, the persons referred to in Article 57(1) of this Code may file a motion for their challenge.

2. A motion for challenge must be filed and reasoned in writing.

3. The challenge of an interpreter, an expert or a professional shall be decided by a pre-trial investigation officer or a prosecutor conducting a pre-trial investigation. The challenge shall be decided within the shortest possible time. If the challenge is rejected, a decision shall be adopted and notified against signature to the person who filed a motion for challenge.

4. The challenge of a pre-trial investigation officer shall be decided by a prosecutor. The challenge of a prosecutor shall be decided by a pre-trial investigation judge. The pre-trial investigation officer or the prosecutor shall, within one day from the receipt of a motion for challenge, refer it to the relevant prosecutor or the pre-trial investigation judge. The prosecutor or the pre-trial investigation judge must resolve the issue of the filed motion for challenge within two days. If the challenge is rejected, the prosecutor shall adopt a decision, and the pre-trial investigation judge shall issue a ruling thereon. These documents shall be notified against signature to the person who filed the motion for challenge.

5. The challenge of a pre-trial investigation judge shall be decided by the chair of a district court, the deputy chair of the court or a judge appointed by him in accordance with the procedure laid down in paragraph 4 of this Article.

6. The filing of a motion for challenge shall not have a suspensory effect on proceedings.

Article 61. Challenge of an advocate or an advocate’s assistant

1. An advocate or an advocate’s assistant shall not have the right to participate in proceedings in the capacity of a defence counsel or a representative of a victim, a civil claimant and a civil defendant if, in the same case, he provides or previously provided legal aid to a person whose interests are contrary to the interests of the person requesting legal aid or if he previously participated in the capacity of a judge, a prosecutor, a pre-trial investigation officer, an expert, a professional, an interpreter or a witness, also if the advocate or the advocate’s assistant has family links with an officer involved in the investigation or hearing of the case.

2. The challenge of an advocate or an advocate’s assistant in court shall be decided by a court hearing a case in accordance with the procedure laid down in Article 59 of this Code, and the challenge thereof during a pre-trial investigation – by a pre-trial investigation judge in accordance with the procedure laid down in Article 60 of this Code.

SECTION FIVE

APPEAL DURING A PRE-TRIAL INVESTIGATION

Article 62. Appeal against procedural actions and decisions of a pre-trial investigation officer

1. Parties to proceedings and the persons who have been subject to procedural coercive measures may appeal against procedural actions and decisions of a pre-trial investigation officer to a prosecutor who organises and leads a pre-trial investigation. If the prosecutor refuses to grant the appeal, the prosecutor’s decision may be appealed against to a senior prosecutor in accordance with the procedure laid down in Article 63 of this Code.

2. An appeal shall be filed with a prosecutor directly or via a pre-trial investigation officer whose procedural actions or decisions are being appealed against. Appeals may be either written or oral. The pre-trial investigation officer or the prosecutor shall draw up a record regarding the oral appeals. It shall be signed by the appellant and the pre-trial investigation officer or the prosecutor who has received the appeal.

3. A pre-trial investigation officer must, within one day from the receipt of an appeal, transmit an appeal together with his clarifications to a prosecutor.

4. The filing of an appeal until its resolution shall not have suspensory effect on the performance of an action or execution of a decision appealed against, unless it is deemed necessary by a pre-trial investigation officer or a prosecutor himself.

Article 63. Appeal against a prosecutor’s procedural actions and decisions

1. Parties to proceedings and the persons who have been subject to procedural coercive measures may appeal against a prosecutor’s procedural actions and decisions to a senior prosecutor. If the senior prosecutor refuses to grant the appeal, this decision may be appealed against to a pre-trial investigation judge.

2. An appeal shall be filed with a senior prosecutor directly or via a prosecutor whose actions or decisions are being appealed against. Appeals may be either written or oral. The prosecutor shall draw up a record regarding the oral appeals. It shall be signed by the appellant and the prosecutor who has received the appeal.

3. The filing of an appeal until its resolution shall not have suspensory effect on the performance of an action or execution of a decision appealed against, unless it is deemed necessary by a prosecutor himself.

4. The decisions adopted by a prosecutor on the issues of organisation of a pre-trial investigation regarding the assignment of conduct of the pre-trial investigation or performance of individual pre-trial investigation actions to a pre-trial investigation body, regarding the assignment of conduct of the pre-trial investigation or performance of individual pre-trial investigation actions to a prosecutor or pre-trial investigation body of another locality, regarding the formation of an investigation team, regarding the assignment of lead of the pre-trial investigation or conduct of the pre-trial investigation shall not be subject to appeal in accordance with the procedure laid down by this Code.

Article 64. Resolution of appeals against procedural actions and decisions of a pre-trial investigation officer or a prosecutor

1. Appeals against procedural actions and decisions of a pre-trial investigation officer or a prosecutor may be filed during a pre-trial investigation, except in the cases provided for in this Code.

2. A prosecutor and a pre-trial investigation judge must, within ten days from the receipt of an appeal and the material required to hear it, hear the appeal and adopt a decision or issue a ruling thereon. If the appeal is granted, the decision or the ruling shall indicate the violations committed by a pre-trial investigation officer or the prosecutor and proposals to remedy them, if the appeal is dismissed – the reasons for which the appeal is declared to be unfounded and is dismissed.

3. When hearing an appeal, a prosecutor and a pre-trial investigation judge shall have the right to access the documents of a pre-trial investigation and to request clarifications from a pre-trial investigation officer or the prosecutor, unless such have already been submitted.

4. During the hearing of an appeal by a pre-trial investigation judge, a hearing may be held, and a prosecutor, a suspect, the suspect’s defence counsel, the appellant and his representative must be called in thereto. A suspect who is on remand shall, if necessary, be delivered before the pre-trial investigation judge.

5. A decision on an appeal taken by a prosecutor or a pre-trial investigation judge shall be notified to the appellant. If the prosecutor or the pre-trial investigation judge grants the appeal, a decision or a ruling shall be delivered for execution to the officer or the prosecutor conducting the pre-trial investigation.

6. A decision of a pre-trial investigation judge taken in accordance with the procedure laid down in this Article shall be final and not subject to appeal, except in the cases when this Code provides for the possibility of appealing against it.

7. Articles 62 and 63 of this Code shall not apply in the cases for which this Code provides for a different procedure for appealing against procedural actions or decisions of a pre-trial investigation officer or a prosecutor.

Article 65. Appeal against procedural actions and rulings of a pre-trial investigation judge and resolution of appeals

1. The procedural actions performed by a pre-trial investigation judge and the rulings issued by him, with the exception of the rulings which are not subject to appeal pursuant to Article 64 of this Code, may be appealed against by a prosecutor, parties to proceedings and the persons subject to procedural coercive measures in accordance with the procedure laid down in Part X of this Code.

2. The provisions of this Article shall not apply in the cases when this Code provides for a different procedure for appealing against procedural actions or rulings of a pre-trial investigation judge.

CHAPTER IV

COMMUNICATION OF COURTS AND A PROSECUTOR’S OFFICE OF THE REPUBLIC OF LITHUANIA WITH FOREIGN BODIES AND INTERNATIONAL ORGANISATIONS

Article 66. Procedure for communication of courts and a prosecutor’s office of the Republic of Lithuania with foreign bodies and international organisations

1. The procedure for communication of courts and a prosecutor’s office of the Republic of Lithuania with foreign bodies and international organisations, also the procedure for execution of requests of these bodies and organisations shall be laid down by this Code and international treaties of the Republic of Lithuania.

2. Courts and a prosecutor’s office of the Republic of Lithuania shall send requests to foreign bodies and international organisations via the Ministry of Justice of the Republic of Lithuania or the Prosecutor General’s Office of the Republic of Lithuania. In urgent cases, requests of courts and a prosecutor’s office of the Republic of Lithuania to other Member States of the European Union may be sent via a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania who is National Member for Lithuania at Eurojust/Deputy National Member for Lithuania at Eurojust. In the cases provided for in international treaties of the Republic of Lithuania, courts, a prosecutor’s office and pre-trial investigation bodies of the Republic of Lithuania may send requests directly to foreign bodies and international organisations.

3. Procedural documents aimed at collecting evidence or obtaining the evidence already collected or temporarily protecting the objects, documents or other property that could be confiscated or recognised as being of evidential value in criminal proceedings against destruction, transformation, removal from another Member State of the European Union, sale or other transfer may be transmitted for execution to another Member State of the European Union in the cases and in accordance with the procedure laid down by the Law of the Republic of Lithuania on Mutual Recognition and Execution of Decisions of the Member States of the European Union in Criminal Matters.

Article 67. Execution of requests of foreign bodies and international organisations regarding the performance of procedural actions

1. Courts, a prosecutor’s office or pre-trial investigation bodies of the Republic of Lithuania shall, in executing requests of foreign bodies and international organisations, perform the procedural actions specified in this Code. In executing the requests of the foreign bodies and the international organisations, the procedural actions which are not provided for in this Code may also be performed in the cases provided for in an international treaty of the Republic of Lithuania, provided that the performance of such actions does not violate the Constitution and laws of the Republic of Lithuania and is not in contradiction with the basic principles of criminal procedure in the Republic of Lithuania.

2. Courts, a prosecutor’s office and pre-trial investigation bodies of the Republic of Lithuania shall receive requests of foreign bodies and international organisations via the Ministry of Justice of the Republic of Lithuania, the Prosecutor General’s Office of the Republic of Lithuania or a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania who is National Member for Lithuania at Eurojust/Deputy National Member for Lithuania at Eurojust. A court, prosecutor’s office or pre-trial investigation body of the Republic of Lithuania shall execute a request directly received from a foreign body or an international organisation only upon obtaining a permission of the Ministry of Justice of the Republic of Lithuania or the Prosecutor General’s Office of the Republic of Lithuania, with the exception of the cases referred to in paragraph 5 of this Article.

3. A request of a foreign body and an international organisation which cannot be executed shall be returned to that body or organisation via the Ministry of Justice of the Republic of Lithuania, the Prosecutor General’s Office of the Republic of Lithuania or a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania who is National Member for Lithuania at Eurojust/Deputy National Member for Lithuania at Eurojust and reasons for the non-execution of the request shall be indicated.

4. Officers of courts, a prosecutor’s office and pre-trial investigation bodies of foreign states or the International Criminal Court or other international organisations shall be allowed to perform procedural actions in the Republic of Lithuania only in the cases provided for in an international treaty of the Republic of Lithuania and in the presence of officers of the Republic of Lithuania.

5. In the cases provided for in an international treaty of the Republic of Lithuania, courts, a prosecutor’s office and pre-trial investigation bodies of the Republic of Lithuania shall execute the requests directly received from foreign bodies and international organisations and send replies to the requests directly to the foreign states and to the international organisations.

6. Procedural documents of another Member State of the European Union aimed at collecting evidence or obtaining the evidence already collected or temporarily protecting the objects, documents or other property that could be confiscated or recognised as being of evidential value in criminal proceedings against destruction, transformation, removal from another Member State of the European Union, sale or other transfer may be executed in the cases and in accordance with the procedure laid down by the Law of the Republic of Lithuania on Mutual Recognition and Execution of Decisions of the Member States of the European Union in Criminal Matters.

Article 671. Procedure for communication with foreign bodies and international organisations in cases when the European Public Prosecutor’s Office has been designated as the competent authority

In cases where the European Public Prosecutor’s Office has been designated as the competent authority, communication with foreign bodies and international organisations shall be conducted in accordance with the procedure laid down by Regulation (EU) 2017/1939, this Code and laws.

Article 68. Request to bring or take over a prosecution

1. The grounds for, conditions of and procedure for bringing and taking over a prosecution shall be established by this Code and international treaties of the Republic of Lithuania.

2. A request of a foreign body or an international organisation to bring or take over the prosecution of a citizen of the Republic of Lithuania who has committed a criminal act in the foreign state and has returned to the Republic of Lithuania shall be considered by the Prosecutor General’s Office of the Republic of Lithuania by verifying the validity of the request. The results of the verification shall be notified to the requesting foreign body or to the international organisation. If criminal proceedings have already been completed, a judgment has been passed and become final in the Republic of Lithuania in respect of the act committed by the person indicated in the request of the foreign body or the international organisation, a transcript of the judgment translated into a foreign language and duly certified shall be sent together with the notification.

3. If a national of a foreign state or another person has committed a criminal act on the territory of the Republic of Lithuania and has subsequently left the Republic of Lithuania, the data collected by pre-trial investigation bodies on this person shall be transmitted to the Prosecutor General’s Office of the Republic of Lithuania, which shall decide on the necessity of sending a request to a foreign body to bring or take over a prosecution.

Article 681. Exchange of information and direct consultations aimed at avoiding parallel criminal proceedings in the Member States of the European Union

1. When the same person is reasonably supposed to be subject to the criminal proceedings being conducted in another Member State of the European Union in respect of the same criminal act, a prosecutor shall, of his own motion during a pre-trial investigation or, where the case is referred to court, on an assignment of a court hearing the case, contact the competent authority of another Member State of the European Union to confirm that the existence of such parallel proceedings. The competent authority of another Member State of the European Union may be contacted via the Prosecutor General’s Office of the Republic of Lithuania or a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania who is National Member for Lithuania at Eurojust/Deputy National Member for Lithuania at Eurojust.

2. Requests of the competent authorities of other Member States of the European Union to provide information on whether criminal proceedings are being conducted in the Republic of Lithuania against the same person in respect of the same criminal act shall be received via the Prosecutor General’s Office of the Republic of Lithuania or a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania who is National Member for Lithuania at Eurojust/Deputy National Member for Lithuania at Eurojust.

3. Upon establishing that criminal proceedings exist in the Republic of Lithuania and in another Member State of the European Union against the same person in respect of the same criminal act, a prosecutor shall enter into direct consultations with the competent authority of another Member State of the European Union in order to reach an effective solution aimed at avoiding the adverse consequences arising from such parallel proceedings and, where possible, concentrating the criminal proceedings in one state. If the case has been referred to court, the prosecutor shall inform the court hearing the case about the progress of these consultations and the proposed solutions by submitting, where necessary, the necessary requests in accordance with the procedure laid down by this Code. Where a ground exists, the prosecutor or the court hearing the case may apply to the Prosecutor General’s Office of the Republic of Lithuania with a proposal to submit to another Member State of the European Union a request to take over prosecution or may propose to the competent authority of another European Union Member State to submit a request to the General Prosecutor’s Office of the Republic of Lithuania for taking over of prosecution.

4. Where it has not been possible to find an effective solution during direct consultations, a prosecutor may refer to a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania who is National Member for Lithuania at Eurojust/Deputy National Member for Lithuania at Eurojust for assistance in settlement of conflicts of exercise of jurisdiction.

5. The procedure for exchanging information and conducting direct consultations with the competent authorities of the other Member States of the European Union shall be established by the Prosecutor General of the Republic of Lithuania.

Article 69. Request to a foreign state to extradite a person

1. In the cases and in accordance with the procedure provided for in international treaties of the Republic of Lithuania, the Prosecutor General’s Office of the Republic of Lithuania or the Ministry of Justice of the Republic of Lithuania shall, upon the receipt of the documents referred to in paragraph 3 of this Article, refer to a foreign body requesting extradition of a citizen of the Republic of Lithuania or another person if prosecution has been brought or a judgment of conviction has been passed against him.

2. A request of the Republic of Lithuania for extradition of a person shall indicate: the surname, forename, date of birth, personal number and citizenship of a suspect/accused person/convicted person; the circumstances in which the criminal act was committed; the text of the article of the Criminal Code of the Republic of Lithuania which provides for the committed criminal act; the external appearance of the suspect/accused person/convicted person. The request shall be accompanied by a photograph of the person whose extradition is requested, a transcript of a ruling to impose remand or of a judgment, also other documents provided for in international treaties of the Republic of Lithuania.

3. A transcript of a final judgment of conviction imposing a custodial sentence or, where a ruling to lift the stay of execution of the sentence or a ruling to refer a person conditionally released from a correctional facility to the correctional facility to serve the remainder of the custodial sentence was issued and became final, also a transcript of such a ruling together with the information referred to in paragraph 2 of this Article shall be sent to the Ministry of Justice of the Republic of Lithuania by the court which passed the judgment or issued the ruling, where it considers that it is necessary to apply for the extradition of the person.

4. The translation of a request for extradition of a person and the documents accompanying it into the required language of a foreign state shall be ensured by the institution which refers to a foreign body for extradition of the person.

Article 691. Issue of a European arrest warrant for a person’s surrender to the Republic of Lithuania

1. In order to take over from a Member State of the European Union a citizen of the Republic of Lithuania or another person whose prosecution was brought in the Republic of Lithuania, the Prosecutor General’s Office of the Republic of Lithuania shall, upon receipt of a court ruling to place the person on remand, issue a European arrest warrant and either directly or via a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania who is National Member for Lithuania at Eurojust/Deputy National Member for Lithuania at Eurojust refer to the competent authority of the Member State of the European Union requesting to surrender the person who is the subject of the European arrest warrant.

2. A European arrest warrant shall be issued in respect of a citizen of the Republic of Lithuania or another person who was imposed a custodial sentence by a judgment of conviction which became final in the Republic of Lithuania but went into hiding from the serving of the sentence in a Member State of the European Union and the competent authority of that state shall be directly contacted by a regional court according to the territory of activities of the court which passed the judgment or a ruling to lift the stay of execution of the sentence or a ruling to refer the person conditionally released from a correctional facility to the correctional facility to serve the remainder of the custodial sentence. Where necessary, the regional court may forward the European arrest warrant to the competent authority of the Member State of the European Union via the Ministry of Justice of the Republic of Lithuania or via a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania who is National Member for Lithuania at Eurojust/Deputy National Member for Lithuania at Eurojust.

3. The General Prosecutor’s Office of the Republic of Lithuania or a regional court shall, in deciding on the issue of a European arrest warrant, assess whether the surrender of a person pursuant to the European arrest warrant is in compliance with the principles of proportionality and cost-effectiveness in the light of the nature and degree of seriousness of the committed crime, the personality of a suspect, an accused person or a convicted person.

4. The procedure for issuing a European arrest warrant and surrendering a person pursuant to the European arrest warrant shall be specified by the Prosecutor General of the Republic of Lithuania and the Minister of Justice of the Republic of Lithuania.

Article 70. Limits of criminal liability of a person extradited or surrendered by a foreign state

1. A person extradited or surrendered by a foreign state may not be detained, prosecuted or convicted in the Republic of Lithuania for a criminal act committed prior to his extradition or surrender for which he was not extradited or surrendered, except for the following cases:

1) consent has been given by the foreign state from which the person has been extradited or surrendered;

2) the person, having had an opportunity to leave the Republic of Lithuania, has not done so within 45 days or within any other time limit set in an international treaty of the Republic of Lithuania or has returned to the territory of the Republic of Lithuania after leaving it;

3) the person consented prior to his surrender pursuant to the European arrest warrant that he may be prosecuted also for other criminal acts committed prior to his surrender;

4) the person surrendered pursuant to the European arrest warrant consents in writing that he may be prosecuted also for other criminal acts committed prior to his surrender;

5) the person has been surrendered pursuant to the European arrest warrant, however as regards the criminal act committed prior to the surrender of the person, laws of the Republic of Lithuania do not provide for the penalty of a custodial sentence or arrest or the supervision measure of remand may not be imposed;

6) in other cases provided for in international treaties of the Republic of Lithuania.

2. A person extradited or surrendered by a foreign state for the criminal acts for which he was extradited or surrendered and for other criminal acts committed prior to his extradition or surrender may be extradited or surrendered to a third State only with the consent of the state which extradited or surrendered him. Where the person was surrendered to the Republic of Lithuania pursuant to a European arrest warrant, he may be surrendered to another Member State of the European Union for the criminal acts committed prior to his surrender also in the cases provided for in points 2-4 of paragraph 1 of this Article.

3. Where necessary, the Prosecutor General’s Office of the Republic of Lithuania shall refer to a foreign state which extradited or surrendered a person requesting the consent provided for in point 1 of paragraph 1 of this Article.

4. Where a person surrendered to a foreign state pursuant to a European arrest warrant consents in writing to be prosecuted for other criminal acts committed prior to his surrender pursuant to the European arrest warrant, a prosecutor in charge of the pre-trial investigation shall refer to a pre-trial investigation judge with a motion. The pre-trial investigation judge must, within ten days, hold a hearing which must be attended by the person surrendered pursuant to the European arrest warrant, his defence counsel and the prosecutor. At the hearing, the pre-trial investigation judge shall verify whether the person voluntarily consents to be prosecuted for the criminal acts for which he was not surrendered pursuant to the European arrest warrant and whether he is aware of the legal consequences of such consent. Upon establishing that the person voluntarily consents to be prosecuted for such criminal acts and is aware of the legal consequences of such consent, the pre-trial investigation judge shall issue a ruling on prosecution of the person for the criminal acts for which he was not surrendered pursuant to the European arrest warrant.

5. If a person surrendered by a foreign state pursuant to a European arrest warrant consents to be extradited or surrendered to a third State for the criminal acts committed prior to his surrender to the Republic of Lithuania, he shall be extradited/surrendered to the third State in accordance with the procedure laid down in Article 75 of this Code.

Article 71. Extradition of persons from the Republic of Lithuania or their surrender to the International Criminal Court

1. A citizen of the Republic of Lithuania suspected of having committed a criminal act may be extradited to a foreign state or surrendered to the International Criminal Court only if such an obligation is stipulated by an international treaty of the Republic of Lithuania or by a resolution of the United Nations Security Council.

2. A foreigner who is suspected of having committed a criminal act within the territory of the Republic of Lithuania or another state shall be extradited to the respective state or surrendered to the International Criminal Court only if such obligation is stipulated by an international treaty of the Republic of Lithuania or by a resolution of the United Nations Security Council.

3. It shall be allowed not to extradite a citizen of the Republic of Lithuania or a foreigner where:

1) the committed act is not regarded as a crime or misdemeanour under the Criminal Code of the Republic of Lithuania;

2) the criminal act was committed in the territory of the State of Lithuania;

3) the person is being prosecuted for a crime of political nature;

4) the person has been convicted of the committed criminal act, acquitted or released from criminal liability or a penalty;

5) the person may be subjected to the death penalty for the committed crime in another state;

6) the limitation period for the passing or execution of a judgment of conviction has expired;

7) the person is released from a penalty under an act of amnesty or pardon;

8) there exist other grounds provided for by international treaties of the Republic of Lithuania.

4. The persons who have been granted asylum or temporary protection in accordance with laws of the Republic of Lithuania shall not be punishable under criminal laws of the Republic of Lithuania for the criminal acts for which they were prosecuted abroad and shall not be extradited to foreign states, except in the cases provided for by Article 7 of the Criminal Code of the Republic of Lithuania.

5. If after surrendering a person to a foreign state by the Republic of Lithuania the foreign state submits a request for prosecution of the person or execution of a sentence imposed against the person for a criminal act for which he was not requested to be surrendered or a request for extradition of this person to a third State, the request shall be considered and the consent shall be given by the Prosecutor General’s Office of the Republic of Lithuania. The Prosecutor General’s Office of the Republic of Lithuania may provide a reasoned refusal to prosecute the person or to execute the sentence imposed for the criminal act for which the person was not requested to be extradited or to surrender such a person to the third State where there are the grounds for and/or conditions of refusing surrender as stipulated in Article 9 of the Criminal Code of the Republic of Lithuania.

6. The consent of the Prosecutor General’s Office of the Republic of Lithuania regarding the prosecution of a person or execution of a sentence imposed for a criminal act for which he was not requested to be extradited or regarding the person’s surrender to the International Criminal Court or his extradition to a third State shall be approved by a judge of Vilnius Regional Court.

Article 711. Surrender of a person pursuant to a European arrest warrant

1. A citizen of the Republic of Lithuania or a foreigner who is suspected of having committed a criminal act in the issuing Member State or who was imposed a sentence involving deprivation of liberty in that Member State but has not served it shall be surrendered to the issuing Member State on the grounds and conditions provided for in Article 91 of the Criminal Code of the Republic of Lithuania.

2. Where a person who is the subject of a European arrest warrant does not understand the language in which the European arrest warrant has been drawn up or into which the European arrest warrant has been translated by the issuing Member State, the European arrest warrant must be translated into that person’s native language or into another language which he speaks. Subject to the consent of the person who is the subject of the European arrest warrant, the interpretation of the European arrest warrant may be ensured, unless this is contrary to the interests of justice.

3. A person shall be surrendered to the issuing Member State in accordance with the procedure laid down in Articles 72-77 of this Code. Where the person has consented to be surrendered to the issuing Member State, a decision on his surrender must be adopted not later than within ten days from the date of his written consent. In other cases, the decision on the surrender of the person must be adopted not later than within 60 days from his placement on remand.

4. In exceptional cases, the time limits set in paragraph 2 of this Article may be extended for up to 30 days, however the reasons for the extension must be communicated without delay to the authority of the issuing Member State. Where the time limit extended in the exceptional cases is insufficient, the reasons for the delay must be communicated to the European Union prosecuting authority (Eurojust).

5. Where a European arrest warrant has been issued for a person who enjoys immunity from criminal jurisdiction under international law or where the competent authority has not given its permission to prosecute the person in the cases where this permission is required by laws, the time limits referred to in paragraphs 2 and 3 of this Article shall run from the moment when this person loses his immunity or upon the receipt of the permission of the competent authority. The Prosecutor General’s Office of the Republic of Lithuania must refer to the competent institution of the Republic of Lithuania for the giving of such a permission or for the lifting of immunity.

6. A person shall be surrendered to the issuing Member State only for the purpose of prosecution for a criminal act referred to in the European arrest warrant issued for him or for the execution of a penalty that has been imposed. Where the foreign state submits, along with the European arrest warrant, a request for the surrender of the person and his prosecution or execution of a sentence imposed for a criminal act for which a European arrest warrant may not be issued, this request shall be considered together with the European arrest warrant. A court taking a decision on the surrender of the person under the European arrest warrant may consent to surrender the person also for this criminal act where it is recognised as a criminal act under criminal laws of the Republic of Lithuania.

7. If, after the Republic of Lithuania has surrendered a person to a foreign state pursuant to a European arrest warrant, the foreign state submits a request for the person’s prosecution or execution of a sentence imposed for a criminal act for which he was not surrendered pursuant to the European arrest warrant or a request for this person’s surrender or extradition to a third State, this request shall be considered and consent shall be given by the Prosecutor General’s Office of the Republic of Lithuania. The Prosecutor General’s Office of the Republic of Lithuania may provide a reasoned refusal to consent to prosecute the person or to execute the sentence imposed for the criminal act for which the European arrest warrant was not issued or to surrender the person to another Member State of the European Union where there are grounds for and/or conditions of non-execution of a European arrest warrant as stipulated in Article 91 of the Criminal Code of the Republic of Lithuania. Consent to extradite a person surrendered to a foreign state pursuant to the European arrest warrant to a third State (non-EU Member State) may be given in accordance with international treaties of the Republic of Lithuania and other legal acts. The Prosecutor General’s Office of the Republic of Lithuania shall give its consent or refuse to consent to prosecute the person, execute the imposed sentence or surrender the person to the third State within 20 days from the receipt of the request. The consent of the Prosecutor General’s Office regarding the prosecution of the person surrendered to the foreign state pursuant to the European arrest warrant or execution of the sentence imposed for the criminal act for which he was not surrendered pursuant to the European arrest warrant or the surrender or extradition of this person to the third State shall be approved by a ruling of a judge of Vilnius Regional Court within ten days.

8. At the request of the issuing Member State, the Prosecutor General’s Office of the Republic of Lithuania shall ensure the seizure and transfer to the issuing Member State of the objects and documents relevant to the investigation of a criminal act and of the property acquired by criminal means by the person who is the subject of a European arrest warrant. Where these objects must be confiscated or transferred to rightful owners in accordance with laws of the Republic of Lithuania, the General Prosecutor’s Office of the Republic of Lithuania may transfer them only temporarily as long as they are necessary for the conduct of criminal proceedings in the issuing Member State.

9. A citizen of the Republic of Lithuania or a foreigner who is the subject of a European arrest warrant issued pursuant to the conditions specified in Article 91(5)(4) of the Criminal Code of the Republic of Lithuania for the execution of a sentence involving deprivation of liberty shall have the right to request that he be provided with a copy of a court decision imposing the sentence involving deprivation of liberty thereon. Upon receipt of this request, a regional court shall directly refer to the competent authority of the issuing Member State with a request to provide the copy of the court decision imposing the sentence involving deprivation of liberty upon the person. The person’s request for the provision of the copy of the court decision shall not have suspensory effect on the consideration of the issue of the extradition/surrender of the person from the Republic of Lithuania pursuant to the European arrest warrant and the execution of the surrender of the person in respect whereof there is a final ruling on extradition from the Republic of Lithuania pursuant to the European arrest warrant.

10. A citizen of the Republic of Lithuania or a foreigner who is requested to be surrendered from the Republic of Lithuania pursuant to a European arrest warrant shall have the right to request that he be assigned a defence counsel in the issuing Member State prior to his surrender from the Republic of Lithuania. This right of the person who is the subject of the European arrest warrant must be communicated to him without delay upon the imposition of remand in the language which he understands. Upon receipt of such a request, the Prosecutor General’s Office of the Republic of Lithuania shall, without delay, inform thereof the competent authority of the issuing Member State and, upon receipt of a reply, communicate it without delay to the person who submitted the request and to his defence counsel. The person’s request to be assigned a defence counsel in the issuing Member State shall not have suspensory effect on the consideration of the issue of the surrender of the person from the Republic of Lithuania pursuant to the European arrest warrant and the execution of the surrender of the person in respect whereof there is a final ruling on extradition from the Republic of Lithuania pursuant to the European arrest warrant.

Article 72. Supervision measures in respect of the persons requested to be extradited from the Republic of Lithuania or surrendered to the International Criminal Court or pursuant to a European arrest warrant

1. The persons who are requested to be extradited from the Republic of Lithuania or surrendered to the International Criminal Court or pursuant to a European arrest warrant shall be placed on remand on the grounds provided for in international treaties of the Republic of Lithuania and this Code.

2. The procedure for imposing remand and appealing against remand in respect of the persons who are requested to be extradited from the Republic of Lithuania or surrendered to the International Criminal Court or pursuant to a European arrest warrant shall be laid down by this Code.

3. The duration of the remand of the persons who are requested to be extradited from the Republic of Lithuania or surrendered to the International Criminal Court or pursuant to a European arrest warrant shall be specified by international treaties of the Republic of Lithuania and this Code.

4. The placement on remand of the persons who are requested to be extradited from the Republic of Lithuania or surrendered to the International Criminal Court or pursuant to a European arrest warrant shall be notified without delay in accordance with the procedure laid down in Article 128(1) and (3) of this Code.

5. The persons who are requested to be extradited from the Republic of Lithuania or surrendered to the International Criminal Court or pursuant to a European arrest warrant may also be subject to other supervision measures provided for in this Code where they are sufficient to prevent the person from fleeing/going into hiding from law enforcement institutions of the Republic of Lithuania.

Article 73. Procedure for extraditing/surrendering persons from the Republic of Lithuania

1. Acting in accordance with an international treaty of the Republic of Lithuania or pursuant to an issued European arrest warrant, a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania shall refer to Vilnius Regional Court with a motion for extraditing a person from the Republic of Lithuania or surrendering him to the International Criminal Court or pursuant to the European arrest warrant.

2. A judge of Vilnius Regional Court must, within seven days, hold a hearing, which must be attended by the person to be extradited/surrendered, his defence counsel and a prosecutor. A record of the hearing shall be drawn up.

3. If Vilnius Regional Court decides to extradite the person from the Republic of Lithuania or to surrender him to the International Criminal Court or pursuant to a European arrest warrant, the issues of the imposition of remand upon such a person or extension of the term of remand shall be resolved in accordance with the general procedure provided for in Article 127 of this Code by a district or regional court, having regard to the time limit required for the imposition of remand. The judge who decides to extradite the person or refuse to extradite him shall issue a ruling thereon. Reasons must be provided for the issue of a ruling refusing surrender of the person pursuant to the European arrest warrant.

4. In deciding on the surrender of a citizen of the Republic of Lithuania or a person permanently residing in the Republic of Lithuania pursuant to a European arrest warrant, Vilnius Regional Court shall have regard to the conditions of takeover of execution of a custodial sentence as stipulated by the Law of the Republic of Lithuania on Mutual Recognition and Execution of Decisions of the Member States of the European Union in Criminal Matters. Having decided to refuse to surrender the person pursuant to the European arrest warrant on the ground provided for in Article 91(4)(3) of the Criminal Code of the Republic of Lithuania and to take over the execution of a sentence for which the European arrest warrant was issued, Vilnius Regional Court shall, under the same ruling, resolve the issue of the adaptation of this sentence to criminal laws of the Republic of Lithuania in compliance with the rules established in the Law of the Republic of Lithuania on Mutual Recognition and Execution of Decisions of the Member States of the European Union in Criminal Matters.

5. If the received information is insufficient for the adoption of the decisions referred to in this Article, a judge of Vilnius Regional Court shall assign the Prosecutor General’s Office of the Republic of Lithuania to immediately refer to the requesting authority for provision of the necessary additional information. If the information received is insufficient for the adoption of a decision on surrender of a person pursuant to a European arrest warrant or a decision on the adaptation of a sentence, as provided for in paragraph 4 of this Article, to criminal laws of the Republic of Lithuania, the judge of Vilnius Regional Court may refer directly to the requesting authority for provision of the necessary additional information.

6. If multiple requests for extradition from the Republic of Lithuania or surrender to the International Criminal Court or pursuant to a European arrest warrant are received in respect of one person, Vilnius Regional Court shall decide thereon relying, as a general rule, upon the following provisions:

1) a request for surrender to the International Criminal Court shall take precedence over other requests;

2) a request for prosecution shall take precedence over a request for execution of an imposed sentence;

3) in the remaining cases, all circumstances relevant to the extradition of the person and especially the nature and degree of seriousness of the committed criminal act, the place of commission of the act and the dates of the respective requests for the extradition/surrender of the person shall be taken into account. In the cases provided for by legal acts, the court shall also have regard to the advice of international prosecuting authorities (including Eurojust).

Article 74. Appeal against a ruling

1. A person in respect whereof a ruling has been issued or his defence counsel, if not agreeing with a ruling to extradite the person from the Republic of Lithuania or to surrender him to the International Criminal Court or pursuant to a European arrest warrant, or a prosecutor, if not agreeing with a ruling to refuse the person’s extradition from the Republic of Lithuania or his surrender to the International Criminal Court or pursuant to the European arrest warrant, shall have the right to appeal against it to the Court of Appeal of Lithuania within seven days from the issue of the ruling.

2. A judge of the Court of Appeal of Lithuania must hear an appeal not later than within 14 days from the filing thereof. A hearing may be held to hear the appeal, and a person to be extradited/surrendered and his defence counsel or the defence counsel alone shall be summoned thereto. The participation of a prosecutor in the hearing shall be compulsory. The judge of the Court of Appeal of Lithuania may issue a ruling to annul a ruling of Vilnius Regional Court or to uphold it.

3. A ruling of a judge of the Court of Appeal of Lithuania shall be final and not subject to appeal under cassation procedure.

4. An appeal filed against a ruling of a judge of Vilnius Regional Court shall have suspensory effect on the execution of this ruling.

Article 75. Simplified procedure for extraditing/surrendering persons from the Republic of Lithuania

1. In the cases provided for in an international treaty of the Republic of Lithuania or upon the receipt of a European arrest warrant, a simplified procedure for extraditing/surrendering a person from the Republic of Lithuania may apply.

2. A simplified procedure for extraditing/surrendering a person from the Republic of Lithuania shall be applied only in the presence of a written consent of the person to be extradited/surrendered and, in cases of extradition, also in the presence of an approval of the Prosecutor General’s Office of the Republic of Lithuania. The person requested to be surrendered under a European arrest warrant may consent in writing to be surrendered also for other criminal acts for which the European arrest warrant was not issued. Upon receiving the person’s written consent, a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania shall refer to Vilnius Regional Court with a motion for extraditing/surrendering the person from the Republic of Lithuania.

3. A judge of Vilnius Regional Court must, within three days, hold a hearing which must be attended by a person to be extradited/surrendered, his defence counsel and a prosecutor. At the hearing, the judge shall verify whether the person to be extradited/surrendered has voluntarily consented to be extradited/surrendered from the Republic of Lithuania and is aware of the legal consequences of the extradition/surrender, also whether the Prosecutor General’s Office of the Republic of Lithuania approves of the application of the simplified procedure for extradition from the Republic of Lithuania. A record of the hearing shall be drawn up.

4. Having determined that a person to be extradited/surrendered has voluntarily consented to be extradited/surrendered from the Republic of Lithuania and is aware of the legal consequences of the extradition/surrender and, in cases of extradition, also that the Prosecutor General’s Office of the Republic of Lithuania approves of the application of the simplified procedure for extradition from the Republic of Lithuania, a judge of Vilnius Regional Court shall issue a ruling to extradite/surrender the person. The ruling of the judge of Vilnius Regional Court to extradite/surrender the person under the simplified procedure shall not be subject to appeal. If the person to be extradited/surrendered withdraws his consent, the procedure for extradition/surrender of persons from the Republic of Lithuania as provided for in Article 73 of this Code shall apply.

Article 76. Procedure for surrendering a person in respect whereof there is a final ruling to extradite from the Republic of Lithuania or surrender to the International Criminal Court or pursuant to a European arrest warrant

1. The procedure for and conditions of the surrender to a foreign authority or to the International Criminal Court of a person in respect whereof there is a final ruling to extradite from the Republic of Lithuania or surrender to the International Criminal Court or pursuant a European arrest warrant shall be specified by international treaties of the Republic of Lithuania and other legal acts.

2. A person in respect whereof there is a final ruling to surrender him pursuant to a European arrest warrant shall be surrendered to the issuing Member State not later than within ten days. If the surrender of the person within this time limit is precluded by the emergence of unforeseen circumstances, the Prosecutor General’s Office of the Republic of Lithuania and the respective foreigner authority shall, without delay, agree on a new surrender date. In this case, the person must be surrendered not later than within ten days of the new date.

3. In exceptional cases, where there are reasonable grounds for believing that the surrender of a person would endanger the person’s life or health or where there are other serious humanitarian reasons, the surrender of the person to another state pursuant to a European arrest warrant may be postponed. As soon as these grounds have ceased to exist, the Prosecutor General’s Office of the Republic of Lithuania and the respective foreign authority shall agree without delay on a new surrender date. In this case, the person must be surrendered not later than within ten days of the new date.

4. The surrender of a person pursuant to a European arrest warrant may also be postponed until completion of criminal proceedings opened in the Republic of Lithuania in relation to this person or until such a person has served the sentence imposed upon him in the Republic of Lithuania. However, the person may temporarily be surrendered to another state for the purpose of performing procedural actions in accordance with the procedure provided for in Article 77 of this Code.

5. Where a person has not been surrendered within the time limits provided for in paragraphs 2 or 3 of this Article, the supervision measure imposed upon him shall be lifted.

Article 77. Temporary surrender of a person on remand or a person serving a sentence involving deprivation of liberty to another state or to the International Criminal Court and temporary takeover from another state for the purpose of performing procedural actions

1. A person on remand or a person serving a sentence involving deprivation of liberty may, in the cases and in accordance with the procedure laid down in an international treaty of the Republic of Lithuania, be temporarily surrendered to another state or to the International Criminal Court and temporarily taken over from another state for the purpose of performing procedural actions.

2. A decision on the temporary surrender of a person on remand or a person serving a sentence involving deprivation of liberty to another state and temporary takeover from another state shall be taken and the conditions of such surrender or takeover shall be agreed upon with the competent authority of another state by a prosecutor of the Prosecutor General’s Office of the Republic of Lithuania.

3. In the cases and in accordance with the procedure laid down by the Law of the Republic of Lithuania on Mutual Recognition and Execution of Decisions of the Member States of the European Union in Criminal Matters, a person on remand or a person serving a sentence involving deprivation of liberty may be temporarily surrendered to another Member State of the European Union or taken from another Member State of the European Union to the Republic of Lithuania for the purpose of performing procedural actions.

Article 771. Carriage of persons on remand in transit through the territory of the Republic of Lithuania

1. The persons placed on remand by a foreign state may be carried in transit through the territory of the Republic of Lithuania only with the consent of the Ministry of Justice of the Republic of Lithuania or the Prosecutor General’s Office of the Republic of Lithuania.

2. The carriage of a person on remand in transit through the territory of the Republic of Lithuania shall be prohibited in the following cases:

1) the person placed on remand by a foreign state is a citizen of the Republic of Lithuania, and international treaties of the Republic of Lithuania and other legal acts prohibit the extradition/surrender of citizens of the Republic of Lithuania to the state whereto the person on remand is being carried;

2) the person placed on remand by a foreign state is a citizen of the Republic of Lithuania who is being carried to a third State to serve a sentence involving deprivation of liberty where the request of the Republic of Lithuania or of this person to permit the serving of the sentence involving deprivation of liberty in the Republic of Lithuania has not been taken into account;

3) in other cases provided for by international treaties.

3. The carriage of a citizen of the Republic of Lithuania placed on remand by a foreign state in transit through the territory of the Republic of Lithuania to a third State for the purpose of prosecution may be permitted in the cases when the convicted person could serve a sentence involving deprivation of liberty in the Republic of Lithuania if he so desired.

Article 772. No longer effective from 15 June 2017.

CHAPTER V

WITNESSES, EXPERTS AND PROFESSIONALS

SECTION ONE

WITNESSES

Article 78. Witness

Any person about whom there is evidence that he may have knowledge of any circumstances relevant for the resolution of a case may be summoned as a witness.

Article 79. Persons who cannot be witnesses

A person who, on the basis of a certificate of a health care institution or a conclusion of a forensic psychiatrist or a forensic physician regarding physical or mental impairments, is incapable of correctly comprehending the circumstances relevant to a case and giving testimony in respect thereof may not be a witness.

Article 80. Circumstances precluding persons from being questioned as witnesses

The following may not be questioned as a witness:

1) a person who may give testimony regarding a criminal act committed by him, save for the cases when he agrees to give such testimony by applying the specific features of giving testimony as provided for in Article 82(3) of this Code;

2) a judge – regarding the secrecy of the courtroom;

3) the defence counsel of a suspect, an accused person, an acquitted person or a convicted person, representatives of a victim, a civil claimant or a civil defendant – regarding the circumstances which came to their knowledge in the course of performing the duties of a defence counsel or a representative, also an interpreter – regarding the circumstances which came to his knowledge in the course of performing the duties of an interpreter pursuant to provisions of Article 8(4) of this Code;

4) priests – regarding what was entrusted to them in confession;

5) producers, disseminators of public information, participants thereof, journalists – regarding what constitutes the confidentiality of the source of information under the Law of the Republic of Lithuania on the Provision of Information to the Public, with the exception of the cases when these persons agree to give testimony or when a court decides that it is necessary to disclose the source of information due to vital or other particularly important public interests, also in order to ensure the protection of constitutional rights and freedoms of persons and the pursuit of justice or where it is impossible to disclose the source of information by other means or such means have been already exhausted.

Article 801. Adoption of a decision to disclose confidentiality of the source of information

1. Where a prosecutor considers that it is necessary to disclose confidentiality of the source of information in the case provided for in Article 80(5) of this Code, he shall refer to a pre-trial investigation judge with a motion. The content of the prosecutor’s motion must be in conformity with the content of a ruling referred to in paragraph 3 of this Article.

2. A hearing shall be held to deal with the issues referred to in this Article. A prosecutor and a person whom it is sought to place under the obligation to disclose the source of information shall be called in to this hearing, however, failure of these persons to appear shall not have suspensory effect on the resolution of the issue. The person and/or his authorised representative shall have the right to access the prosecutor’s motion prior to the court hearing.

3. A pre-trial investigation judge shall issue a reasoned ruling on a prosecutor’s motion. The ruling placing a person under the obligation to disclose the source of information must indicate:

1) data on the criminal act under investigation (the place, time, manner and other circumstances of commission of the act, criminal law providing for liability for the criminal act);

2) data on the producer and disseminator of public information, their participant or journalist who is placed under the obligation to disclose the source of information;

3) data and arguments that disclosure of the source of information is necessary due to vital or other particularly important public interests, also in order to ensure the protection of constitutional rights and freedoms of persons and the pursuit of justice;

4) data and arguments that it is impossible to disclose the source of information by other means or that such means have already been exhausted;

5) the obligation to take the required measures which, given the circumstances, are necessary in order to prevent unjustified dissemination of information about the disclosed confidentiality of the source of information;

6) other circumstances relevant for the consideration of the issue.

4. Where a case has been referred to court, a decision to disclose confidentiality of the source of information shall be taken by a court hearing the case in accordance with the procedure laid down by this Article.

5. A ruling issued by a pre-trial investigation judge or a court on the issue referred to in this Article shall be appealed against in accordance with the procedure laid down in Part X of this Code.

Article 81. Rights of a witness

A witness shall have the right:

1) to give testimony in his native language and to have access to the services of an interpreter if a questioning is conducted in a language that he does not understand;

2) to access a record of his testimony and to make amendments and corrections thereto;

3) to request that audio and video recordings be made of his testimony;

4) to draw up his own testimony;

5) to request, on the grounds and in accordance with the procedure laid down by law, to apply to him measures of protection from criminal influence;

6) to receive reimbursement of the expenses incurred;

7) to have a representative.

Article 82. Specific features of giving testimony

1. The President of the Republic shall, with his consent, be questioned by a pre-trial investigation judge at the residence of the President of the Republic. The President of the Republic shall not be summoned to a court hearing.

2. A person may refrain from giving testimony or from answering certain questions asked against his family members or close relatives.

3. A person who, by a decision of a prosecutor, is questioned about a criminal act allegedly committed by him shall have the right to an authorised representative during the questioning and to request to be recognised as a suspect. Such a person shall not be subject to liability provided for in Article 83(2) and (4) of this Code.

Article 83. Duties and liability of a witness

1. Every person summoned as a witness must appear before a pre-trial investigation officer, a prosecutor and a court and give truthful testimony as to what is known to him about the circumstances relevant to the resolution of a case.

2. A witness who, in the absence of compelling reasons, fails to appear before a pre-trial investigation officer, a prosecutor and a court or refuses or evades giving testimony without a legal basis therefor may be subject to the procedural coercive measures provided for in Article 163 of this Code.

3. A judge or a court may also impose the arrest provided for in Article 163(1) of this Code upon a witness who fails to appear before the court in the absence of compelling reasons or refuses or evades giving testimony without a legal basis therefor.

4. A witness shall be held liable for giving false testimony under Article 235 of the Criminal Code of the Republic of Lithuania.

SECTION TWO

EXPERTS

Article 84. Expert

1. A person having the required specialist knowledge and entered on the list of experts of the Republic of Lithuania may be appointed as an expert.

2. If the list of experts of the Republic of Lithuania does not contain experts in the required field of expertise, a person who is not entered on the list of experts may be appointed as an expert.

3. Where necessary, a person who has the right to be an expert in a Member State of the European Union or a state with which the Republic of Lithuania has concluded an agreement on legal aid may be appointed as an expert.

Article 85. List of experts of the Republic of Lithuania

1. Persons shall be entered on the list of experts of the Republic of Lithuania in accordance with the procedure laid down by law.

2. Experts entered on the list of experts of the Republic of Lithuania shall be warned of liability for presenting a false conclusion and shall not be individually warned during proceedings.

Article 86. Rights of experts

1. An expert shall have the right:

1) to have access to the case file related to the subject matter of an expert examination;

2) to request to submit additional material necessary for the presentation of a conclusion;

3) to participate in the performance of investigative actions related to the subject matter of the expert examination and in the hearing of the case in court.

2. An expert shall refuse to present a conclusion if the material submitted to him is not sufficient to reach a conclusion or if the material does not correspond to his specialist knowledge. In such cases, the expert shall draw up a statement that it is not possible to present a conclusion.

Article 87. Duties and liability of an expert

1. When summoned, an expert must appear before a court and present an impartial conclusion on the issues submitted to him.

2. An expert who fails to appear in the absence of compelling reasons or refuses to perform his duties without a legal basis therefor may be subject to the procedural coercive measures provided for in Article 163 of this Code.

3. An expert shall be held liable for presenting a false conclusion under Article 235 of the Criminal Code of the Republic of Lithuania.

Article 88. Content of an expert report

1. Having carried out the necessary examinations, an expert shall draw up an expert report. It shall consist of an introductory part, an investigative part and conclusions.

2. The introductory part of the expert report shall indicate: the date and place of drawing up of the report; a ruling ordering an expert examination; the materials and questions submitted for the expert examination; personal data of the expert, namely, his forename, surname, education, field of expertise, qualification, length of service as an expert; dates of commencement and completion of examinations; persons who participated in the expert examination.

3. The investigative part of the expert report shall indicate: the condition of objects of the examination; the results of their inspection; the examinations carried out, the methods and means employed; the findings and their evaluation.

4. The conclusions shall provide answers to the questions posed. The expert’s conclusions may not go beyond his specialist knowledge.

SECTION THREE

PROFESSIONALS

Article 89. Professional

1. A professional shall be a person with the required specialist knowledge and skills who is assigned to examine objects and to present a conclusion or clarifications on issues within his competence, or to participate in performing other actions of criminal proceedings.

2. An officer of a pre-trial investigation body or a person who is not employed with this body may act in the capacity of a professional. Professionals who are officers of a pre-trial investigation body shall, in accordance with their position, be warned of liability under Article 235 of the Criminal Code of the Republic of Lithuania for presenting a false conclusion or clarification. Professionals who are not officers of a pre-trial investigation body shall, in each case when they are called in to participate in proceedings, be warned of liability under Article 235 of the Criminal Code of the Republic of Lithuania for presenting a false conclusion or clarification.

3. Forensic physicians shall be professionals who examine a human body or corpse.

4. Forensic psychiatrists and forensic psychologists shall be professionals who examine a person’s mental state.

5. Psychologists participating in a questioning of a minor victim, a minor witness, a minor suspect, a minor accused person or a minor victim with special protection needs shall be professionals who assist in questioning these persons taking into account their social and psychological maturity and/or special protection needs. When necessary, these psychologists shall also participate in performing other actions of criminal proceedings. If these psychologists are requested to conduct an examination of objects and present a conclusion or clarifications on issues within their competence, they shall be warned of liability under Article 235 of the Criminal Code of the Republic of Lithuania for presenting a false conclusion or clarification.

6. Probation officers shall be professionals who examine a person’s social environment, crime-causing factors as well as other circumstances which may help a court individualise probation conditions.

7. A professional shall have the right:

1) to have access to the case file related to the examination of objects, questioning of the persons referred to in paragraph 5 of this Article or his participation in performing other actions of criminal proceedings;

2) to request to submit additional material necessary for the performance of the tasks assigned to him.

8. When summoned, a professional must appear before a pre-trial investigation officer, a prosecutor or a court and present an impartial conclusion or clarifications on the issues submitted to him or participate in performing other actions of criminal proceedings. A professional who fails to appear in the absence of compelling reasons or refuses to perform his duties without a legal basis therefor may be subject to the procedural coercive measures provided for in Article 163 of this Code. A professional shall be held liable for presenting a false conclusion or clarification under Article 235 of the Criminal Code of the Republic of Lithuania.

Article 90. Professional’s conclusion

1. Having carried out the assigned examination of objects, a professional shall present his conclusion.

2. A professional’s conclusion shall be drawn up as a separate document or may be entered in an investigative action record. The professional shall sign the conclusion entered in the investigative action record.

3. A professional’s conclusion, which shall be drawn up as a separate document, shall indicate: the professional’s personal data, namely, his forename, surname, education, field of expertise, qualification; the objects under examination; the investigative methods and technical means used; circumstances identified by the professional and relevant for the investigation of a criminal act or individualisation of probation conditions. The professional’s conclusion shall be accompanied by visual material.

CHAPTER VI

OBJECTS AND DOCUMENTS

SECTION ONE

OBJECTS

Article 91. Objects relevant to the investigation and hearing of a criminal act

The physical items which were the instruments or means of commission of a criminal act, the outcome of the criminal act or on which traces of the criminal act were preserved or which were the objects of criminal acts of the offender, as well as any other items which may serve as a means of detection of the criminal act and identification of the offenders or refutation of the charge or mitigation of liability shall be considered to be objects relevant to the investigation and hearing of the criminal act.

Article 92. Documentation in proceedings of objects relevant to the investigation and hearing of a criminal act and procedure for keeping them

1. The objects relevant to the investigation and hearing of a criminal act, unless they need to be examined in accordance with the procedure laid down in Article 205 of this Code, must be visually inspected in accordance with the rules laid down in Article 207 of this Code.

2. The objects which need to be examined shall be visually inspected and described in a professional’s conclusion.

3. The objects relevant to the investigation and hearing of a criminal act shall be kept and transferred together with the criminal act’s investigation material.

4. The objects which cannot be kept and transferred together with the criminal act’s investigation material due to ponderosity or for other reasons must, where possible, be photographed, sealed and stored at the place indicated by a pre-trial investigation officer, a prosecutor or a court.

Article 93. Time limits for keeping objects relevant to the investigation and hearing of criminal acts and procedure for transferring them

1. Objects relevant to the investigation and hearing of a criminal act shall be kept until a judgment becomes final or until the expiry of a time limit within which an appeal against a decision or a ruling to terminate the proceedings may be filed. Where a dispute over the title to the objects is the subject of the contentious procedure, the objects shall be kept until a decision taken in that case under civil procedure becomes final.

2. Objects may be returned to their owners in the case and according to the procedure provided for in Article 108(2) of this Code and before the expiry of the time limits referred to in paragraph 1 of this Article, provided that this will not prejudice the ongoing criminal proceedings.

3. Money in circulation in the Republic of Lithuania or in the single currency of the European Union or officially authorised but not yet put into circulation which may be counterfeit or falsified must be transmitted to professionals of the Bank of Lithuania during criminal proceedings for analysis and storage in the shortest possible time. If it is necessary to take measures to protect these objects or where it would prejudice the ongoing criminal proceedings, money in circulation in the Republic of Lithuania or in the single currency of the European Union or legally authorised but not yet put into circulation which may be counterfeit or falsified may be withheld from being transmitted to the Bank of Lithuania, however in such cases the Bank of Lithuania must be given access thereto.

4. Highly perishable or rapidly declining objects for which the costs of storage, maintenance and keeping would be manifestly excessive and which cannot be returned to the owner shall be sold/transferred without delay in accordance with the procedure laid down in the Code of Civil Procedure of the Republic of Lithuania for the realisation of seized property. In the cases provided for by law, the owner shall be reimbursed for the value of the objects sold/transferred or destroyed. When adopting a decision to sell/transfer or destroy objects, also in the cases referred to in paragraph 3 of this Article, a prosecutor must ensure that the objects are duly examined and, where possible, that samples thereof are seized and kept until the expiry of the time limits laid down in paragraph 1 of this Article.

5. The procedure for the storage, sale/transfer and destruction of certain types of objects shall be established by the Government of the Republic of Lithuania or by the institutions authorised by it.

Article 94. Measures to be taken in respect of objects relevant to the investigation and hearing of a criminal act at the time of termination of proceedings and passing of a judgment

1. At the time of passing of a judgment or termination of proceedings, the issue of objects relevant to the investigation and hearing of a criminal act shall be resolved as follows:

1) the property referred to in Articles 72 and 723 of the Criminal Code of the Republic of Lithuania shall be confiscated;

2) the objects whose circulation has been prohibited shall be transmitted to state institutions or destroyed;

3) the documents having the characteristics provided for in Article 91 of this Code shall be kept as material for the investigation of the criminal act or shall be transferred to the undertakings, institutions, organisations or natural persons concerned at their request; media containing the information obtained in the course of covert surveillance carried out in accordance with the procedure laid down in Article 160 of this Code shall be returned to the pre-trial investigation bodies which have drawn up the accompanying documents without their request;

4) the objects which are of little value and cannot be used shall be destroyed or may be transferred to the undertakings, agencies, organisations or natural persons concerned if they so request;

5) other objects shall be returned to their rightful owners or, if these have not been identified, shall become the property of the State. Disputes arising out of the ownership of these objects shall be settled under civil procedure.

2. During a pre-trial investigation, the decisions referred to in paragraph 1 of this Article shall be taken by a prosecutor or a pre-trial judge terminating the pre-trial investigation or, at later stages of the proceedings, by a court hearing the case.

3. If, at the time of termination of a pre-trial investigation, the issue of confiscation of property referred to in Articles 72 or 723 of the Criminal Code of the Republic of Lithuania must be resolved, the pre-trial investigation shall be terminated by a decision of a pre-trial investigation judge validating a prosecutor’s decision to terminate the pre-trial investigation. When deciding on confiscation or extended confiscation of property, a hearing shall be held to which the prosecutor, the person whose property has been confiscated and his representative must be called in. Other persons may be called in to the hearing by a decision of the pre-trial investigation judge. Participation in such a hearing of the prosecutor and the representative of the person whose property has been confiscated shall be necessary. The decision of the pre-trial investigation judge may be appealed against in accordance with the procedure laid down in Part X of this Code.

4. A court which has taken a decision referred to in paragraph 3 of this Article may, in accordance with the procedure laid down by the Law of the Republic of Lithuania on Mutual Recognition and Execution of Decisions of the Member States of the European Union in Criminal Matters, transmit it for execution to the competent authority of another Member State of the European Union in which the property to be confiscated is located or in which the person whose property has been subject to confiscation is likely to be in possession of any income or property.

5. On the grounds and in accordance with the procedure provided for in an international treaty of the Republic of Lithuania, where there is a request from a foreign body, a court may decide that, after a judgment becomes final, the objects and valuables acquired by criminal means may be transferred to the foreign body for return to rightful owners, provided that the latter have been identified and the legitimate interests of other persons are not prejudiced. The objects whose circulation has been prohibited shall not be transmitted to the foreign body.

SECTION TWO

DOCUMENTS

Article 95. Documents relevant to the investigation and hearing of a criminal act

Documents relevant to the investigation and hearing of a criminal act shall be the objects wherein an undertaking, an agency, an organisation, an official or a natural person records, by means of certain signs, the information which may help to detect a criminal act and to identify the circumstances relating to this act.

Article 96. Types of documents relevant to the investigation and hearing of a criminal act

1. Documents relevant to the investigation and hearing of a criminal act shall be:

1) records of an inspection, search, seizure, presentation for identification, on-the-spot testimony verification, experiment and other procedural actions, as well as records of a trial;

2) documents of agencies, undertakings, organisations: letters, certificates, accounting records, minutes of meetings and other official documents;

3) natural persons’ private papers, motions, requests, complaints, letters, diaries and other written communication of a personal nature;

4) magnetic, laser and electronic recordings: audio and video tapes, CDs and other electronic information media;

5) other objects wherein the information relevant to the investigation and hearing of the criminal act is recorded by means of graphic or other signs.

2. Documents and other records shall be considered to be objects if they possess the characteristics specified in Article 91 of this Code.

SECTION THREE

EVOCATION AND SUBMISSION OF OBJECTS AND DOCUMENTS RELEVANT TO THE INVESTIGATION AND HEARING OF A CRIMINAL ACT

Article 97. Evocation of objects and documents relevant to the investigation and hearing of a criminal act

A pre-trial investigation officer, a prosecutor and a court shall have the right to evoke from natural and legal persons the objects and documents relevant to the investigation and hearing of a criminal act.

Article 98. Submission of objects and documents relevant to the investigation and hearing of a criminal act

A suspect, an accused person, a legal representative, a defence counsel, a victim, a civil claimant, a civil defendant, their representatives, as well as any natural or legal person may, of his own motion, submit the objects and documents relevant to the investigation and hearing of a criminal act.

CHAPTER VII

TIME LIMITS IN CRIMINAL PROCEEDINGS

Article 99. Purpose of time limits

In criminal proceedings, time limits shall determine the time of the commencement, performance or completion of actions of procedural value. In the cases provided for by law, the time limits may be set by a pre-trial investigation officer, a prosecutor, a judge and a court.

Article 100. Calculation of time limits

1. Time limits of criminal proceedings shall be calculated in hours, days and months. When calculating the time limits, the hour and the day on which a time limit commences shall not be included.

2. A time limit calculated in days shall expire at the twenty-fourth hour of the last day. If a procedural action is to be performed before a pre-trial investigation officer, a prosecutor, a judge or in court, the time limit shall expire at the specified finish time of working hours.

3. A time limit calculated in months shall expire on the relevant day of the last month. If the last month does not have the relevant day, the time limit shall expire on the last day of that month.

4. If a time limit expires on a non-working day, the first working day following it shall be considered to be the last day of the time limit.

5. Terms of detention, remand and application of compulsory medical measures shall run from the actual moment of imposition of these measures. Upon the expiry of the terms of restriction of liberty as provided for in Article 127 of this Code, a person must be released without delay. This shall be compulsory even if a time limit expires on a non-working day.

Article 101. Compliance with time limits

1. Procedural actions shall be performed in compliance with the time limits laid down by this Code. A time limit shall not be considered to have been exceeded if a complaint or any other document was delivered to a post before the expiry of the time limit, or a complaint or any other document filed by detained persons or persons on remand was served on the administration of a pre-trial detention facility.

2. Where justified, time limits may, in accordance with the procedure laid down by this Code, be suspended or extended.

Article 102. Reopening of an exceeded time limit

1. A time limit exceeded for compelling reasons may be reopened by a decision of a pre-trial investigation officer and a prosecutor or by a court ruling. In the cases when a request for reopening of the exceeded time limit is submitted to a pre-trial investigation judge or a court, a hearing may be held, which shall be notified to the person requesting reopening of the time limit and other parties to the proceedings. Repeated requests for reopening of the exceeded time limit shall not be admitted and shall not be considered, unless new circumstances transpire.

2. At the request of the person concerned, the execution of a decision appealed against after exceeding a fixed time limit may be stayed in the cases provided for in this Code pending resolution of the issue of reopening of the exceeded time limit.

CHAPTER VIII

COSTS OF PROCEEDINGS AND REIMBURSEMENT THEREOF

Article 103. Costs of proceedings

Costs of proceedings shall include the following:

1) money paid to witnesses, victims, experts, professionals and interpreters to cover the expenses of their travel to and residence at the place of summon;

2) money paid to witnesses and victims to compensate them for distraction from their normal work;

3) money paid to experts, professionals and interpreters to remunerate them for their work, except where they perform such duties as part of their official duties;

4) (no longer effective from 1 May 2005);

5) costs of storage or transfer of objects;

6) any other costs which a pre-trial investigation officer, a prosecutor, a judge or a court recognises as the costs of the proceedings.

Article 104. Reimbursement of costs of proceedings

1. Costs of proceedings shall be reimbursed to a witness, a victim, an expert, a professional, an interpreter from funds of pre-trial investigation bodies, a prosecutor’s office or a court. The procedure for reimbursing such costs and the amounts thereof shall be established by the Government of the Republic of Lithuania or by an institution authorised by it.

2. A party to proceedings who, at his own discretion, called in an expert, a professional, a defence counsel or a representative to participate in the proceedings or incurred other costs shall bear the same from his own funds. The party to the proceedings may refer to court to have these costs recognised as costs of the proceedings and have them recovered from a convicted person.

Article 105. Recovery of costs of proceedings

1. A court shall, when passing a judgment, have the right to decide to recover costs of proceedings from a convicted person, with the exception of the costs of paying an interpreter and the costs incurred in carrying out an individual assessment of a minor suspect or a minor accused person.

2. A court shall have the right to decide to recover costs of proceedings also from an accused person who has been found guilty but has been released from a penalty or has not been imposed a penalty.

3. Where several accused persons have been found guilty in a case, a court shall decide the amount of the costs of the proceedings to be recovered from each of them, having regard to the guilt of the persons concerned and the extent and nature of their liability.

4. Costs incurred as a result of the suspension of an investigation or the stay of a hearing because a party to the proceedings failed to appear in the absence of compelling reasons shall be recovered from the party to the proceedings who failed to appear.

5. Where proceedings are terminated or an accused person is acquitted, also where the person from whom the costs of the proceedings are to be recovered is unable to pay them, the costs of the proceedings shall be paid from state funds in accordance with the procedure laid down by law.

6. Where an accused person is acquitted in criminal proceedings opened solely on the basis of a victim’s motion, a court shall have the right to decide that all or part of the costs of the proceedings are to be borne by the person on the basis of whose motion the proceedings were opened.

7. Where proceedings are terminated because a victim has reconciled with a suspect or an accused person, a prosecutor or a court shall have the right to decide that costs of the proceedings are to be borne by the suspect, the accused, and the victim, or by one of them.

Article 106. Remuneration for an advocate’s work

1. Where a suspect, an accused person or a convicted person has been granted state-guaranteed legal aid, an advocate shall be remunerated in accordance with the procedure laid down by a law governing the provision of state-guaranteed legal aid. In other cases, the advocate shall be remunerated by the suspect, the accused person or the convicted person or, on their assignment or with their consent, by other persons.

2. After finding an accused person guilty, a court shall, when passing a judgment, decide to recover from the accused person the expenses for the provision of state-guaranteed legal aid incurred as a result of the necessary participation of a defence counsel, taking into account the financial situation of the accused person, except for the cases referred to in points 1 and 2 of Article 51(1) of this Code. In addition, the court shall have the power to decide to recover from a suspect the expenses incurred by a victim and a civil claimant for the services of an advocate who participated in the proceedings in the capacity of the victim’s or the civil claimant’s representative.

PART II

COMPENSATION FOR DAMAGE RESULTING FROM A CRIMINAL ACT

CHAPTER IX

COMPENSATION FOR DAMAGE WHERE A CIVIL CLAIM IS NOT FILED IN A CRIMINAL CASE

Article 107. Voluntary compensation for damage

A suspect or an accused person or a person who is materially liable for his acts may, at any time during proceedings, voluntarily compensate a victim for the damage caused by a criminal act. Upon receipt of the information that the damage caused by the criminal act has been compensated, proceedings in respect of a civil claim in a criminal case shall not be opened and the opened proceedings shall be terminated and the temporary restriction of the rights of ownership imposed on this ground shall be lifted.

Article 108. Return of objects and valuables

1. Having ascertained that the objects or valuables found and seized in the course of proceedings belong to a victim or to any other person, a court shall decide to return these objects or valuables to the owner thereof after a judgment has become final.

2. The objects or valuables referred to in paragraph 1 of this Article may be returned to the owner at his request also by a prosecutor or a pre-trial investigation officer before completion of proceedings, but only after these objects or valuables have been thoroughly examined and described. When collecting the objects or valuables being returned in this manner, the owner must, as a rule, give a written pledge to protect them until completion of the hearing of the case in court.

3. Objects whose circulation has been prohibited shall not be returned.

CHAPTER X

COMPENSATION FOR DAMAGE WHERE A CIVIL CLAIM IS FILED IN A CRIMINAL CASE

Article 109. Civil claim in criminal proceedings

A person who suffered property or non-property damage as a result of a criminal act shall have the right to file a civil claim in criminal proceedings against a suspect or an accused person or against the persons who are materially liable for acts of the suspect or the accused person. The court shall hear it together with the criminal case. Where the civil claim is filed during a pre-trial investigation, data must be collected during the pre-trial investigation substantiating the ground for and amount of the civil claim filed.

Article 110. Civil claimant

1. A civil claimant shall be a natural or legal person who, in a criminal case, claims compensation for property or non-property damage suffered as a result of a criminal act of a suspect or an accused person. A person shall be recognised as a civil claimant by a decision of a pre-trial investigation officer or a prosecutor or by a court ruling.

2. A civil claimant shall have the right:

1) to provide clarifications regarding the substance of his civil claim;

2) to adduce evidence;

3) to submit requests and to file motions for challenge;

4) during a pre-trial investigation and in court, to have access to the case file, to make extracts or transcripts of the required documents in accordance with the established procedure;

5) to participate in the hearing of the case by a court of first instance;

6) to appeal against the actions and decisions of a pre-trial investigation officer, a prosecutor, a judge or a court in so far as they relate to his civil claim;

7) to participate in the hearing of the case under appeal procedure.

3. A civil claimant must:

1) participate, when called in, in the hearing of a case by a court of first instance;

2) submit, at the request of the court, the documents which are available to him and which are related to the claim filed;

3) observe the established procedure for the conduct of court proceedings.

Article 111. Civil defendant

1. Parents, guardians, curators or other persons as well as undertakings, agencies and organisations who, under law, are materially liable for the damage caused by a criminal act of a suspect or an accused person may be civil defendants. A person shall be included in a case in the capacity of a civil defendant by a decision of a pre-trial investigation officer or a prosecutor or by a ruling of a judge or a court.

2. A civil defendant shall have the rights of a civil claimant specified in Article 110(2) of this Code.

3. A civil defendant must:

1) participate, when called in, in the hearing of a case by a court of first instance;

2) observe the established procedure for the conduct of court proceedings.

Article 112. Filing of a civil claim

1. A civil claim shall be filed by filing a claim with a pre-trial investigation officer, a public prosecutor or a court at any time during proceedings, but not later than until the commencement of the examination of evidence by the court. A victim who does not file a civil claim in a criminal case shall have the right to file a claim under civil procedure.

2. A civil claim filed in a criminal case shall be exempt from stamp duty.

3. A civil claimant shall have the right to withdraw a claim filed by him before a court retires to the deliberation room for the passing of a judgment.

4. If a civil claim is dismissed by a judgment in a criminal case, a civil claimant shall lose the right to file the same claim under civil procedure. If a claim is dismissed under civil procedure, the claimant shall lose the right to file the same civil claim in a criminal case.

Article 113. Hearing of a civil claim

1. A civil claim filed in a criminal case shall be proved in accordance with provisions of this Code.

2. Where, while hearing a civil claim in a criminal case, questions arise which are not governed by this Code, the relevant provisions of civil procedure shall apply unless they are in conflict with the provisions of criminal procedure.

Article 114. Referral of a civil claim to a court dealing with bankruptcy or restructuring proceedings

If a legal person or natural person against which/whom bankruptcy proceedings have been opened is included as a civil defendant in a criminal case, it shall be possible not to hear a civil claim in this criminal case, and all documents related to the civil claim may be transmitted by a decision of a prosecutor or by a court ruling to a court dealing with the bankruptcy or restructuring proceedings. This must be notified to the civil claimant, and he must be instructed as to his rights in the bankruptcy or restructuring proceedings.

Article 115. Settlement of a civil claim

1. When passing a judgment of conviction, a court shall, based on the evidence of the validity and amount of a civil claim, fully or partially satisfy the civil claim filed or dismiss it. In satisfying the civil claim, the court shall have the right not to comply with the limits of the claim if the amount of the claim does not affect the qualification of a criminal act and the level of a penalty.

2. In exceptional cases, where it is not possible to precisely calculate a civil claim without staying criminal proceedings or without obtaining additional material, a court may, when passing a judgment of conviction, recognise the right of a civil claimant to satisfaction of the claim and refer the issue of the amount of the claim for hearing under civil procedure.

3. When passing a judgment of acquittal, a court shall:

1) dismiss a civil claim, unless it is proved that an accused person participated in the commission of a criminal act;

2) leave the civil claim unheard if the accused person is acquitted in the absence of an act having elements of a crime or a misdemeanour. In this case, the civil claimant shall have the right to file a claim under civil procedure.

Article 116. Securing of a civil claim

During proceedings, a pre-trial investigation officer, a prosecutor or a court must take measures to secure a possible civil claim: to locate the assets belonging to a suspect or an accused person or persons who are materially liable for the actions of the suspect or the accused persons and temporarily restrict the right of ownership thereto.

Article 117. Prosecutor’s duty to file a civil claim

A prosecutor who pursues prosecution must file a civil claim in court, unless it has already been filed, in the cases when damage has been caused by a criminal act to the State or to a person who, by virtue of his minority, illness, dependence on an accused person or for other reasons, is unable to defend his legitimate interests in court.

Article 118. Compensation for damage with state funds

If the accused or the persons who are materially liable for his actions do not possess sufficient means to compensate for damage, such damage may, in the cases and in accordance with the procedure provided for by law, be compensated with the funds allocated for this purpose by the State.

PART III

PROCEDURAL COERCIVE MEASURES

CHAPTER XI

SUPERVISION MEASURES

Article 119. Purpose of supervision measures

Supervision measures may be imposed with a view to ensuring participation of a suspect, an accused person or a convicted person in proceedings, unimpeded pre-trial investigation, hearing of a case in court and execution of a judgment, also with a view to preventing new criminal acts.

Article 120. Types of supervision measures

1. Supervision measures shall be as follows: remand, intensive supervision, house arrest, the obligation to reside separately from a victim and/or prohibition to approach the victim closer than a prescribed distance, bail, seizure of documents, suspension of a special right, the obligation to periodically report to the police, the written pledge not to leave.

2. A serviceman may be imposed, as a supervision measure, observation by the command of a military unit in which he serves, while a minor may be placed under the supervision of his parents, curators or other natural or legal persons caring for children.

Article 121. General provisions regarding the imposition of supervision measures

1. Remand, intensive supervision, house arrest and the obligation to reside separately from a victim and/or prohibition to approach the victim closer than a prescribed distance may be imposed only by a ruling of a pre-trial investigation judge or a court, other supervision measures – by a decision of a prosecutor, a ruling of a pre-trial investigation judge or a court, whereas such supervision measures as seizure of documents, suspension of a special right, the obligation to periodically report to the police, the written pledge not to leave, observation by the command of a military unit in which a serviceman serves and placement of a minor under the supervision of parents, curators or other natural or legal persons caring for children may, in urgent cases, be imposed by a decision of a pre-trial investigation officer. In such a case, the pre-trial investigation officer must, without delay, give a written notice of the imposed supervision measure to a prosecutor.

2. Supervision measures may be imposed only in the presence of sufficient evidence to believe that a suspect committed a criminal act. Where the issue of imposition of a supervision measure is decided by a pre-trial investigation judge or a court, the person subject to the supervision measure and his defence counsel shall have the right to access all the material, as submitted by a prosecutor, whereon a motion for imposition of the supervision measure is based.

3. Several less severe supervision measures than remand may be imposed concurrently.

4. When deciding on the necessity of imposition of a supervision measure and on the type thereof, a pre-trial investigation officer, a prosecutor, a judge or a court must take into account the gravity of a criminal act of a suspect, the personality of the suspect, whether he has his permanent place of residence and employment or any other legal means of subsistence, the age, state of health, family status of the suspect and other circumstances which may be relevant when deciding on the imposition of the supervision measure.

5. A supervision measure may also be imposed on an accused person and a convicted person.

6. In the cases and in accordance with the procedure laid down by the Law of the Republic of Lithuania on Mutual Recognition and Execution of Decisions of the Member States of the European Union in Criminal Matters, certain types of supervision measures may be transmitted for execution to another Member State of the European Union or may be taken over for enforcement from another Member State of the European Union.

Article 122. Grounds and conditions for imposition of remand

1. Grounds for imposition of remand shall be based on a reasonable belief that a suspect will:

1) abscond/go into hiding from pre-trial investigation officers, a prosecutor or a court;

2) interfere with proceedings;

3) commit new crimes referred to in paragraph 4 of this Article.

2. Where there are reasonable grounds for believing that a suspect will abscond/go into hiding from pre-trial investigation officers, a prosecutor or a court, remand may be imposed taking into account the suspect’s family status, permanent place of residence, employment relationship, state of health, previous convictions, relations abroad and other circumstances.

3. Where there are reasonable grounds for believing that a suspect will interfere with proceedings, remand may be imposed if there is evidence that the suspect may, himself or through other persons, attempt:

1) to influence victims, witnesses, experts, other suspects, accused persons or convicted persons;

2) to destroy, hide or forge the objects and documents relevant to the investigation and hearing of a criminal act in court.

4. Where there are reasonable grounds for believing that a suspect will commit new crimes, remand may be imposed if there is evidence that the person suspected of having committed one or more grave or serious crimes or the less serious crimes provided for in Article 178(2), Article 180(1), Article 181(1) and Article 187(2) of the Criminal Code of the Republic of Lithuania may commit new grave, serious or less serious crimes referred to in this paragraph prior to the passing of a judgment, also if there is evidence that a person suspected of a threat or an attempt to commit a crime may commit the crime while not being in custody.

5. In addition, the ground for imposition of remand shall include a request to extradite a person to a foreign state or surrender him to the International Criminal Court or under a European arrest warrant, a request of a foreign state for temporary detention of the wanted person pending the receipt of a request to extradite the person or a European arrest warrant, and a request of a foreign state to place a convicted person on remand pending a decision on recognition of a judgment of a foreign state’s court and execution of a sentence.

6. When imposing remand, the grounds and reasons for imposition thereof must be indicated.

7. Remand may be imposed only in the cases when the objectives provided for in Article 119 of this Code cannot be attained by less severe supervision measures.

8. Remand may be imposed only when investigating and hearing cases in respect of crimes for which a custodial sentence of more than one year is provided for by a criminal law.

Article 123. Procedure for imposing remand

1. Remand may be imposed on a suspect who is not detained or on a suspect who is detained in accordance with the procedure laid down in Article 140 of this Code.

2. Where a prosecutor considers it necessary to impose remand on a suspect who is not detained, he shall refer with a motion to a pre-trial investigation judge of the district court of the place where the investigation is being conducted or, where the court is composed of court chambers, to a pre-trial investigation judge of a court chamber. The prosecutor’s motion must contain the data specified in of Article 125(2) of this Code. Having decided to grant the prosecutor’s motion, the judge shall issue a ruling to impose remand or, having decided to refuse to grant the motion, a ruling to refuse to impose remand or a ruling to refuse to impose remand and to impose another supervision measure.

3. Acting on the basis of the ruling referred to in paragraph 2 of this Article, the prosecutor shall, not later than within 48 hours from the time of placement on remand, deliver the person on remand before a pre-trial investigation judge or, in the absence of such possibility, before another pre-trial investigation judge of the district court of the place where the investigation is being conducted or, where the court is composed of court chambers, before a pre-trial investigation judge of a court chamber. The judge must question the person delivered before him with regard to the validity of remand. The questioning of the person on remand shall be attended by his defence counsel and the prosecutor. Having questioned the person on remand, the judge shall take one of the following decisions: to uphold a ruling to impose remand (in this case, the judge shall set a specific term of remand) or to replace this supervision measure or to lift it.

4. A prosecutor shall, not later than within 48 hours from the time of detention and together with a motion for the imposition of remand, deliver in accordance with the procedure laid down in Article 140 of this Code a detained person to be placed on remand before a pre-trial investigation judge of the district court of the place where the investigation is being conducted or, where the court is composed of court chambers, before a pre-trial investigation judge of a court chamber. The judge must question the person delivered before him with regard to the validity of remand. The questioning of the detained person shall be attended by his defence counsel and the prosecutor. Having questioned the detained person, the judge shall grant the prosecutor’s motion and issue a ruling to impose remand with a specific term of remand or shall refuse to grant the motion and issue a ruling to refuse to impose remand or a ruling to refuse to impose remand and to impose another supervision measure.

5. When issuing the ruling to impose remand or upholding this ruling, the judge may instruct the prosecutor to collect additional material within a set time limit. Upon receipt of such material, the judge may issue a ruling to uphold remand and to set a new term of remand or to replace this supervision measure or to lift it.

6. Where a case is referred to court, a court before which the case is pending may impose, uphold, extend or lift remand or replace it by another supervision measure in accordance with the requirements of Article 122 of this Code.

7. While a judge is hearing the issue of imposition of remand, a record of the respective court hearing shall be drawn up. The record shall contain clarifications of the person delivered before the judge, motions and observations of a prosecutor and a defence counsel.

Article 124. Delivery of a person on remand before a pre-trial investigation judge of a court of another district or another court chamber

1. A person on remand whose delivery before a pre-trial investigation judge who imposed remand or before another pre-trial investigation judge of the same district court or, in the case of a court composed of court chambers, before a pre-trial investigation judge of the same court chamber is not possible within 48 hours from the time of placement on remand shall be delivered respectively before a pre-trial investigation judge of another district court or of another court chamber of that court. Having questioned the person on remand, the judge shall uphold a ruling to impose remand and set a specific term of remand or shall issue a ruling to replace this supervision measure or to lift it.

2. If a defence counsel cannot participate in a questioning of a person on remand or a court cannot be provided with all the material necessary to resolve the issue of remand, and a judge does not consider that this supervision measure needs to be replaced or lifted, he shall temporarily uphold a ruling to impose remand and lay down a time limit within which the person on remand must be delivered before the judge in accordance with Article 123(3) of this Code for the taking of a decision on further implementation of remand.

Article 125. Content of a decision or a ruling to impose a supervision measure

1. When imposing a supervision measure, a pre-trial investigation officer or a prosecutor shall adopt a reasoned decision, and a judge or a court shall issue a reasoned ruling.

2. A decision or a ruling to impose a supervision measure must indicate:

1) the forename, surname, date of birth, place of residence and place of employment of a suspect;

2) a criminal act which the person is suspected of having committed, the place, time, manner and other circumstances of commission of this act, a criminal law providing for liability for that criminal act;

3) the data giving grounds for believing that the suspect committed that criminal act;

4) the purpose pursued when imposing the supervision measure or, in the case of the ruling to impose remand, the conditions of imposition of remand, one or more grounds and reasons for imposing remand as specified in Article 122 of this Code, as well as the facts and reasons on the basis of which less severe supervision measures were not imposed in order to attain the objectives provided for in Article 119 of this Code.

3. A decision or a ruling to impose a supervision measure shall be notified to a suspect against his signature.

Article 126. Content of a ruling to refuse to impose remand, intensive supervision, house arrest or the obligation to reside separately from a victim and/or prohibition to approach the victim closer than a prescribed distance and of a ruling to refuse to impose remand and to impose another supervision measure

A ruling to refuse to impose remand, intensive supervision, house arrest or the obligation to reside separately from a victim and/or prohibition to approach the victim closer than a prescribed distance and a decision to refuse to impose remand and to impose another supervision measure must contain the data listed in points 1 and 2 of Article 125(2) of this Code, also the facts and reasons for refusing to impose remand, intensive supervision, house arrest and the obligation to reside separately from a victim and/or prohibition to approach the victim closer than a prescribed distance or the facts and reasons for refusing to impose remand and imposing another supervision measure.

Article 127. Duration of remand and extension of the term thereof

1. Remand may not last more than six months. A specific term of remand shall be set by a pre-trial investigation judge in a ruling imposing remand, however, remand may initially be imposed for a period not exceeding three months. As regards a minor, remand may initially be imposed for a period not exceeding two months. The term of remand may be extended but for no longer than six months or, in respect of minors, for no longer than four months by the same or another pre-trial investigation judge of a court of the same district or, where the court is composed of court chambers, of the same court chamber or by a pre-trial investigation judge of a court of another district court or of another court chamber of that court. The rules for imposing remand upon minors shall also apply to a person who, at the time of taking of the judge’s decision, has reached the age of majority.

2. Due to the particular complexity or large volume of a case, the term of remand provided for in paragraph 1 of this Article may be extended by a judge of a regional court but for no longer than three months or, in respect of minors, for no longer than two months. The term of remand may be extended repeatedly but during a pre-trial investigation the term of remand may not exceed nine months or, in respect of minors, six months. In cases of serious or grave crimes, as well as in cases where members of a group of accomplices, an organised group or a criminal association are suspected or accused of committing criminal acts, or where persons are placed on remand in a foreign state, the term of remand may not exceed 18 months or, in respect of minors, 12 months.

3. During a pre-trial investigation, a prosecutor must refer with a motion for extension of the term of remand to a pre-trial investigation judge at least ten days or, where remand is imposed or extended for a period of less than one month, at least five days before the expiry of the previously imposed or extended term of remand or to a regional court where, in the event of extension of the term of remand, the total period of remand would exceed six months or the period of remand imposed or extended in respect of minors would exceed four months or where remand lasts six months or, in respect of minors, four months.

4. A prosecutor’s motion for extension of the term of remand must contain the data listed in Article 125(2) of this Code. Where, upon extension of the term of remand, the total period of remand would exceed six months, the period of remand imposed or extended in respect of minors would exceed four months or where remand lasts six months or, in respect of minors, four months, the prosecutor’s motion must contain factual data and the reasons why the case should be considered particularly complex or of large volume and list the main pre-trial investigation actions performed after the imposition of remand or last extension of the term of remand.

5. A court may not refuse to grant a prosecutor’s motion for extension of the term of remand solely on the ground that such a motion was filed after the expiry of the time limits provided for in paragraph 3 of this Article.

6. In order to resolve the issue of extension of the term of remand during a pre-trial investigation, a pre-trial investigation judge or a judge of a regional court must hold a hearing to which a defence counsel and a prosecutor shall be summoned. Participation of these persons in the hearing shall be compulsory. Where necessary, the person on remand may be delivered to the hearing. The person on remand must be delivered to the hearing where the issue of extension of the term of remand lasting for more than six months is being considered. A minor on remand must be delivered to the hearing where the issue of extension of the term of remand lasting for more than four months is being considered. Participation of the person on remand in the court hearing may be ensured by audiovisual transmission. The person on remand who participates in the hearing referred to in this paragraph and the defence counsel shall have the right of access to all the material submitted by the prosecutor requesting extension of the term of remand.

7. At the hearing referred to in paragraph 6 of this Article, the judge shall issue a ruling to extend the term of remand or not to extend this term or not to extend this term and to impose another supervision measure. The judge shall issue the ruling not to extend the term of remand if he establishes that, over the last two months of the application of the supervision measure of remand, not all the measures as provided for by law have been taken to conduct an investigation and to detect a criminal act within the shortest possible time and the prosecutor has not indicated any objective reasons for not doing so. The content of the ruling issued by the judge shall be specified in Article 125 of this Code.

8. If the judge issues a ruling not to extend the term of remand, the person on remand shall be released only upon the expiry of the previously imposed or extended term of remand. The judge may decide to release the person immediately if he establishes that remand was imposed or extended in the absence of necessary conditions or grounds therefor.

9. Where a case is referred to court, the issue of extension of the term of remand shall be decided by a court before which the case is pending, irrespective of whether a prosecutor’s motion for extension of the term of remand has been received. If the court has referred the case to a prosecutor, the term of remand may be extended by the court for no longer than three months or, in respect of minors, for no longer than two months.

10. The terms laid down in this Article shall apply to persons extradited to the Republic of Lithuania under treaties to which the Republic of Lithuania is a party or under a European arrest warrant from the moment of their surrender to the Republic of Lithuania.

11. Throughout the course of criminal proceedings, remand may not exceed two thirds of the maximum term of a custodial sentence imposed by a criminal law for the most serious crime in respect of which a case is being investigated and heard.

Article 128. Notification of placement of a suspect on remand

1. A prosecutor who participated in the imposition of remand must, without delay, notify of the placement of a suspect on remand one of the family members, close relatives indicated by the person on remand or any other person indicated by the person on remand. If the person on remand does not indicate any person, the prosecutor must, at his own discretion, notify one of the family members or close relatives of the suspect if such can be identified. Where the person on remand is a minor, the prosecutor must, without delay, notify of the placement of the minor suspect on remand the parents or other legal representatives of the minor, or, where such a notification would be contrary to the interests of the minor on remand, any other suitable adult person. In addition, the suspect on remand must, without delay, be given the opportunity to contact one of his family members, close relatives or any other person indicated by the person on remand. A prosecutor may, by a reasoned decision, temporarily refuse to notify of the placement of remand or to deny contact to the person indicated by the person on remand where this would prejudice a positive outcome of a pre-trial investigation or pose a threat to the security of family members, close relatives of the person on remand or other persons. In this case, also in the cases when the minor on remand does not have parents or other legal representatives or it is impossible to identify them or when notification of these persons would be contrary to the interests of the minor on remand, a state institution for the protection of the rights of the child must be notified without delay of the placement of the minor suspect on remand. The prosecutor’s decision may be appealed against to a pre-trial investigation judge within five days from the service of a transcript of the decision on the suspect or his defence counsel. The pre-trial investigation judge must hear the appeal within seven days from the receipt thereof and issue a ruling. The ruling issued by the pre-trial investigation judge shall not be subject to appeal.

2. A prosecutor shall send transcripts of a ruling to impose remand or to extend the term of remand to a remand facility.

3. A prosecutor shall, without delay, notify the imposition of remand on a national of another state to the Ministry of Foreign Affairs of the Republic of Lithuania and, if the person on remand so requests, to a diplomatic mission or a consular post of his state of nationality. A suspect who has two or more nationalities may, if possible, choose the state whose diplomatic mission or consular post is to be informed of his placement on remand. Moreover, at the request of the suspect on remand, he must, without delay, be given the opportunity to communicate with the representatives of the diplomatic mission or consular post of his state of nationality. The person on remand must, without delay, be instructed in a language which he understands as to his right to communicate with these institutions.

4. A prosecutor or a pre-trial investigation officer must notify a victim of the placement of a suspect on remand and ascertain whether the victim wishes to be notified of the future release of the suspect or his escape from the place of custody. The victim shall also be notified of the safeguards provided for in legal acts which may be applied to him and of the procedure for applying them. It shall not be necessary to notify of the placement of the suspect on remand if the victim’s place of residence is unknown, also if such notification could cause harm to the suspect. If there are many victims, it shall be sufficient to give a notice of the placement of the suspect on remand to the person/persons representing their interests. A record shall be drawn up regarding notification of the victim. If the victim requests to be notified of the future release of the suspect or his escape from the place of custody, the prosecutor or the pre-trial investigation officer shall draw up a note. This note shall be sent by the prosecutor or the pre-trial investigation officer to the suspect’s remand facility. The suspect and his defence counsel shall be prohibited from accessing the content of this note.

Article 129. Measures to ensure provision of children of a person on remand with care and protection of his property

1. If a person on remand has children under the age of 18 years who are left without required care, a prosecutor or a court must hand them over for guardianship or curatorship to family members, close relatives, other persons or institutions.

2. If a person on remand has property or housing which is to be left unattended, a prosecutor or a court must discuss with the person on remand and take measures to protect such property or housing.

3. A prosecutor or a court shall notify a person on remand of the measures referred to in paragraph 1 or 2 of this Article.

Article 130. Right of a person on remand or his defence counsel to appeal against a ruling to impose remand or a ruling to extend the term of remand or a ruling to refuse to impose remand and to impose another supervision measure

1. A person on remand or his defence counsel shall have the right to appeal to a higher court against the imposition of remand, against the extension of the term of this supervision measure and against the refusal to impose remand and the imposition of another supervision measure. An appeal against the imposition of remand or the extension of the term of this supervision measure or against the refusal to impose remand and the imposition of another supervision measure may be filed within 20 days from the issue of the respective ruling. The appeal shall be filed with the court which imposed remand or extended the term thereof, and the court must refer the appeal without delay to the higher court. A judicial panel of three judges of the higher court must hear the appeal not later than within seven days from the receipt thereof. A hearing shall be held to hear the appeal; the person on remand and his defence counsel or the defence counsel alone shall be summoned to the hearing. Participation of a prosecutor in the hearing shall be compulsory. Participation of the person on remand in the court hearing may be ensured by audiovisual transmission. The prosecutor must submit to the higher court the pre-trial investigation material necessary for the hearing of the appeal. The person on remand who participates in the hearing referred to in this paragraph and his defence counsel shall have the right of access to all the material submitted by the prosecutor. Where the appeal was filed in the course of hearing of the case in court, the court whose ruling has been appealed against must transmit to the higher court the case file necessary for the hearing of the appeal.

2. Having hearing the appeal, the higher court shall issue a ruling to uphold the imposed remand or the extended term of remand or to modify the term of remand or to replace remand by another supervision measure or to lift remand. The ruling issued by the judicial panel of three judges of the higher court shall be final and not subject to appeal.

3. If remand is imposed or the term thereof is extended in the course of hearing of a case before the Court of Appeal of Lithuania, appeals against the imposition and extension of the term of remand shall be heard before a judicial panel of three judges of the Court of Appeal of Lithuania, which may not consist of judges hearing that case.

Note from the Register of Legal Acts. Appeals filed in accordance with the procedure laid down in Article 130 of the Code of Criminal Procedure of the Republic of Lithuania before the entry into force of Law No XII-1878 of 25 June 2015 (11-07-2015) shall be heard in accordance with the procedure valid before the entry into force of this Law.

Article 131. Prosecutor’s right to appeal against a judge’s ruling

1. During a pre-trial investigation or the hearing of a case in court, a prosecutor shall, not later than within three days from the issue of an appropriate ruling, have the right to appeal to a higher court against non-imposition of remand or release of a person who is on remand or against non-extension of the term of remand or against the refusal to impose remand and imposition of another supervision measure. The appeal shall be filed through a court which did not impose remand, released the person who is on remand or did not extend the term of remand or refused to impose remand and did not impose another supervision measure, and this court must refer the appeal to a higher court without delay. A judicial panel of three judges of the higher court must hear the appeal not later than within seven days from the receipt thereof. A hearing shall be held to hear the appeal; a suspect or an accused person and his defence counsel shall be summoned to the hearing. Failure of the suspect or the accused person to appear shall not preclude the court from hearing the appeal. Participation of the prosecutor and the defence counsel in the hearing shall be compulsory. The prosecutor must submit to the higher court the pre-trial investigation material necessary for the hearing of the appeal. The suspect or the accused person, where he is present at the hearing, and his defence counsel shall have the right of access to all the material submitted by the prosecutor. Where the appeal was filed in the course of hearing of the case in court, the court whose ruling has been appealed against must transmit to the higher court the case file necessary for the hearing of the appeal.

Note from the Register of Legal Acts. Appeals filed in accordance with the procedure laid down in Article 131 of the Code of Criminal Procedure of the Republic of Lithuania before the entry into force of Law No XII-1878 of 25 June 2015 (11-07-2015) shall be heard in accordance with the procedure valid before the entry into force of this Law.

2. Having heard the appeal, the higher court shall issue a ruling to refuse to impose remand or to refuse to extend the term of remand, or to refuse to impose remand, or to extend the term of remand and to impose another supervision measure, or to impose remand, or to extend the term of remand, or to lift remand. The ruling issued by the judicial panel of three judges of the higher court shall be final and not subject to appeal.

3. If remand is imposed or the term thereof is extended in the course of hearing of a case before the Court of Appeal of Lithuania, appeals against the imposition and extension of the term of remand shall be heard before a judicial panel of three judges of the Court of Appeal of Lithuania, which may not consist of judges hearing that case.

4. An appeal filed by a prosecutor shall not have suspensory effect on the execution of a ruling issued by a court.

Article 1311 . Intensive supervision

1. Intensive supervision shall mean the control of a suspect by electronic surveillance means.

2. During a pre-trial investigation, intensive supervision shall be imposed at a prosecutor’s request by a ruling of a pre-trial investigation judge. The issue of imposition of intensive supervision shall be decided at a hearing to which the prosecutor, a suspect and his defence counsel shall be called in. Where the case is referred to court, a court before which the case is pending shall decide on the imposition of intensive supervision or extension of the term thereof by issuing a ruling.

3. When imposing intensive supervision, the conditions of this supervision measure shall be laid down. The rules for enforcing and controlling intensive supervision shall be approved by an institution authorised by the Government of the Republic of Lithuania.

4. The term of intensive supervision shall be set by a pre-trial investigation judge or a court in a ruling imposing intensive supervision, however, intensive supervision may initially be imposed for a period not exceeding six months. This term may be extended by a ruling of the pre-trial investigation judge for a period of up to three months. The number of extensions shall not be restricted.

5. A suspect shall be warned that he may be imposed remand for breach of the specified conditions of intensive supervision and for failure to comply with the duties and prohibitions specified in paragraphs 6 and 7 of this Article, should there be a ground therefor.

6. A suspect who is subject to intensive supervision must:

1) wear an electronic surveillance device;

2) observe the specified daily routine.

7. A suspect who is subject to intensive supervision shall be prohibited from removing, damaging or destroying an electronic surveillance device.

Article 132. House arrest

1. House arrest shall be the obligation for a suspect to stay in his place of residence during specified times, not to visit public places and not to communicate with certain persons.

2. During a pre-trial investigation, house arrest shall, at a prosecutor’s request, be imposed by a ruling of a pre-trial investigation judge. The issue of imposition of house arrest shall be decided at a hearing to which the prosecutor, a suspect and his defence counsel shall be called in. Failure of the suspect or his defence counsel to appear without compelling reasons shall not preclude the imposition of house arrest.

3. When imposing house arrest, the conditions of this supervision measure shall be laid down. A suspect shall be warned that he may be imposed remand or be subject to intensive supervision for breach of the conditions of house arrest, should there be a ground therefor.

4. The term of house arrest shall be set by a pre-trial investigation judge in a ruling to impose house arrest, however, house arrest may initially be imposed for a period not exceeding six months. This term may be extended by a ruling of the pre-trial investigation judge for a period of three months. The number of extensions shall not be limited. Where the case is referred to court, a court before which the case is pending shall decide on the imposition of house arrest or extension of the term thereof by issuing a ruling.

5. Decisions of a pre-trial investigation judge and a court on the imposition of house arrest, the extension of the term thereof or the refusal to impose house arrest or to extend the term thereof shall be appealed against in accordance with the procedure laid down in Part X of this Code.

Article 1321. Obligation to reside separately from a victim and/or prohibition to approach the victim closer than a prescribed distance

1.	A suspect may be placed under the obligation to reside separately from a victim and/or prohibition to approach the victim closer than a prescribed distance where there are reasonable grounds for believing that he will attempt to unlawfully influence the victim or will commit new criminal acts against the victim or persons residing together with him. When imposing the obligation to reside separately from a victim and/or prohibition to approach the victim closer than a prescribed distance, the suspect may also be placed under the obligation not to communicate in any form and seek contact with the victim and persons residing with him, also not to visit certain places which the victim or persons residing with him visit. The victim shall remain in the dwelling where the suspect and the victim previously permanently resided.

2.	During a pre-trial investigation, the obligation to reside separately from a victim and/or prohibition to approach the victim closer than a prescribed distance shall, at a prosecutor’s request, be imposed by a ruling of the pre-trial investigation judge.

3.	When imposing the supervision measure of the obligation to reside separately from a victim and/or prohibition to approach the victim closer than a prescribed distance, a suspect shall be warned that another supervision measure may be imposed on him for failure to comply with this obligation.

Article 133. Bail

1. Bail shall mean a cash contribution paid to the deposit account of a prosecutor’s office or of a court by a suspect, his family members or relatives as well as other persons, undertakings or organisations and intended for the purposes indicated in Article 119 of this Code.

2. The amount of bail and the time limit for payment thereof shall be determined by a prosecutor, a pre-trial investigation judge or a court imposing this supervision measure having regard to a criminal act, the level of the penalty to be imposed upon a suspect, the financial situation of the suspect and the bailsperson and their personalities. In the event that the suspect or the bailsperson fails to voluntarily pay into the deposit account of a prosecutor’s office or a court a cash contribution sufficient to achieve the objectives specified in Article 119 of this Code by the date of the adoption of a decision or a ruling to impose bail, the prosecutor, the pre-trial investigation judge or the court imposing bail shall set a time limit of three days for the payment of bail in the amount specified in the decision or the ruling. This time limit shall run from the service on the suspect of the ruling or the decision to impose bail. When determining the amount of bail to be paid, the prosecutor, the pre-trial investigation judge or the court must assess the cash contributions voluntarily paid into the deposit account of the prosecutor’s office or the court by the suspect or the bailsperson. The bail imposed by the decision shall be paid into the deposit account of the prosecutor’s office, whereas the bail imposed by the ruling shall be paid into the deposit account of the court. The suspect or the bailsperson who has paid a bail in the specified amount into the deposit account of the prosecutor’s office or the court within the time limit provided for in the decision or the ruling must, without delay, notify thereof the prosecutor, the pre-trial investigation judge or the court imposing bail and submit a document confirming the payment of the contribution (receipt).

3. In the event that the bail of the specified amount is not paid for objective reasons, the suspect shall have the right to refer to the prosecutor or the pre-trial investigation judge or the court with a request to set a longer time limit for the payment of bail. Upon assessing the circumstances indicated in the suspect’s request, the prosecutor, the pre-trial investigation judge or the court shall have the right to set a new time limit for the payment of bail, which may not exceed three days. A decision or a ruling refusing to lay down a longer time limit for the payment of bail shall not be subject to appeal. Where the bail of the specified amount is not paid into the deposit account of the prosecutor’s office or the court within the time limit referred to in paragraph 2 of this Article or the new time limit, the prosecutor shall adopt a decision to replace bail by another supervision measure or, in the cases specified by this Code, refer to the pre-trial investigation judge or the court for the imposition of a more severe supervision measure.

4. When accepting bail, the bailsperson must be instructed as to his liability as a bailsperson.

5. The decision or the ruling to impose the supervision measure of bail shall specify the amount of bail, the time limit for the payment of bail, the place of residence of the suspect to which summonses issued by the pre-trial investigation officer, a prosecutor or a court are to be sent, also indicate that the suspect has been instructed as to the duty to appear before a pre-trial investigation officer, a prosecutor, a judge or a court when summoned, to refrain from interfering with the course of proceedings, to refrain from committing new criminal acts and that the suspect undertakes to comply with this duty and that the bailsperson has been warned that the bail will be forfeited to the State if the suspect fails to comply with this duty. Moreover, the decision or the ruling shall indicate the banking institution whereto the suspect or the bailsperson has paid the cash contribution of the specified amount or shall indicate the deposit account of the prosecutor’s office or the court to which the bail of the specified amount must be paid within the time limit referred to in paragraph 2 of this Article. The document confirming the payment of the contribution (receipt) shall be attached to the criminal case file. A transcript of the decision or the ruling imposing the supervision measure of bail shall be served on the suspect and the bailsperson against his signature.

6. Where the suspect breaches the supervision measure of bail, another supervision measure may be imposed on him, and bail shall be forfeited to the State. A decision shall be adopted, or a ruling shall be issued, regarding the forfeiture of the cash contribution paid as bail to the State or this fact shall be noted in the operative part of the judgment. A decision of a prosecutor may be appealed against to a pre-trial investigation judge, and a ruling of a judge or a court to a higher court within five days from the receipt of a notice of the adoption of the decision or the issue of the ruling.

7. Upon the expiry of the supervision measure of bail, bail shall be returned to the bailsperson. The amount of bail paid may, subject to the consent of the bailsperson and the suspect, be used for ensuring compliance with the imposed penal sanction, payment of a fine, satisfaction of a civil claim or recovery of the costs of proceedings incurred.

Article 134. Seizure of documents

Seizure of documents as a supervision measure may be imposed by a decision of a prosecutor or a ruling of a court or, in urgent cases, by a decision of a pre-trial investigation officer. A passport, an identity card, a driving licence may be seized from a suspect. Upon the seizure of the documents, the suspect shall be issued a note in the format specified by the Prosecutor General indicating the documents seized.

Article 1341 . Suspension of a special right

1. During the period of suspension of a special right, it shall be prohibited to exercise this right.

2. A person who is subject to suspension of a special right may, if he breaches this supervision measure, be subject to a more severe supervision measure together with suspension of the special right.

Article 135. Obligation of a suspect to periodically report to the police

1. A suspect may be placed under the obligation to report to the police by a decision of a prosecutor or by a ruling of a court or, in urgent cases, by a decision of a pre-trial investigation officer. The decision or the ruling must indicate the address of the police station, the days of the week or month and the time of day at which the suspect must appear at the police station for reporting. If the suspect fails to appear for reporting in due time, an officer of the police station must, without delay, notify a prosecutor and take measures to determine the whereabouts of the suspect.

2. A suspect who breaches the obligation to periodically report to the police may be subject to a more severe supervision measure.

Article 136. Written pledge not to leave

1. A written pledge not to leave shall be a written commitment, undertaken by a suspect, not to leave the Republic of Lithuania, not to leave his place of residence or temporary stay without the permission of a pre-trial investigation officer, a prosecutor or a court.

2. A written pledge not to leave may also oblige a suspect not to visit certain places and not to communicate or seek contact with certain persons.

3. A suspect who breaches a written pledge not to leave may be subject to a more severe supervision measure. When accepting the written pledge, the suspect must be warned of the possible imposition of a more severe supervision measure.

Article 137. Observation by command of a military unit

1. The observation of a suspect serviceman by the command of a military unit shall be the measure, as provided for in the statutes of the Armed Forces of the Republic of Lithuania, intended to ensure that the suspect acts properly and, when summoned, appears before a pre-trial investigation officer, a prosecutor, a pre-trial investigation judge or a court.

2. A decision or a ruling to impose the supervision measure referred to in paragraph 1 of this Article shall be transmitted to the command of the military unit.

3. The command of the military unit shall give a written notice of the carrying out of observation to the pre-trial investigation officer, the prosecutor or the court who/which imposed this supervision measure.

Article 138. Placement of a minor under supervision

1. Placement of a minor suspect under the supervision of his parents, curators or other natural or legal persons caring for children shall mean a written pledge by any of the persons to ensure that the minor suspect acts properly and, when summoned, appears before a pre-trial investigation officer, a prosecutor or a court.

2. When accepting the written pledge, the persons to be entrusted with supervision of the minor must be familiarised with the substance of a criminal act in respect whereof this supervision measure is imposed upon the minor suspect. Moreover, the persons to be entrusted with supervision of the minor shall be instructed as to their liability if the minor suspect evades a pre-trial investigation or a trial.

3. Where a minor suspect evades appearing before a pre-trial investigation officer, a prosecutor or a court, a fine in the amount of up to five minimum standards of living (MSLs) may, by a decision of the prosecutor or by a ruling of the court, be imposed on the persons entrusted with the minor suspect’s supervision.

Article 139. End of the application of a supervision measure

1. An imposed supervision measure shall be lifted when it is no longer necessary or shall be replaced by a more severe or less severe measure when the circumstances of a case so require. The supervision measure shall be lifted or replaced by a prosecutor’s decision or by a court’s ruling.

2. If during a pre-trial investigation the grounds for imposition of remand, intensive supervision, house arrest or the obligation to reside separately from a victim and/or prohibition to approach the victim closer than a prescribed distance cease to exist or the conditions necessary for the application of these supervision measures are no longer present, a prosecutor must, without delay, adopt a decision to release a suspect who is on remand or lift the supervision measure of intensive supervision, house arrest or the obligation to reside separately from a victim and/or prohibition to approach the victim closer than a prescribed distance or relax the conditions of application of these supervision measures. A transcript of such a decision shall be sent to a pre-trial investigation judge who imposed remand, intensive supervision, house arrest or the obligation to reside separately from a victim and/or prohibition to approach the victim closer than a prescribed distance or who extended the period of application of these supervision measures.

3. The application of supervision measures shall also end: upon the expiry of the period of application of a supervision measure, after a judgment of acquittal becomes final or upon the commencement of execution of a sentence.

CHAPTER XII

OTHER PROCEDURAL COERCIVE MEASURES

Article 140. Temporary detention

1. A prosecutor, a pre-trial investigation officer or any person may detain a person who was caught in the process of commission of a criminal act or immediately after having committed it. If the person is detained by a person other than the prosecutor or the pre-trial investigation officer, the fact of detention must be notified to the police without delay.

2. Temporary detention without a person having been caught in the process of commission of a criminal act or immediately after having committed the criminal act shall be possible by a decision of a prosecutor or a pre-trial investigation officer only in exceptional cases, provided that all of the following conditions are met:

1) it transpires that there are grounds and conditions for the imposition of remand as provided for in Article 122 of this Code;

2) it is necessary to restrict the person’s liberty without delay in order to achieve the objectives provided for in Article 119 of this Code;

3) there is no possibility to refer particularly urgently to a court for the imposition of remand in accordance with the procedure laid down in Article 123(2) of this Code.

3. The fact of detention of any person by a pre-trial investigation officer or by another person must, within the shortest possible time, be notified to a prosecutor by sending a transcript of a record of temporary detention.

4. Temporary detention may not last longer than is necessary to establish a person’s identity and to perform necessary procedural actions. The maximum length of temporary detention shall be 48 hours. If, in the cases provided for in paragraph 2 of this Article, the detained person has already been questioned as a suspect in proceedings, temporary detention may not last longer than 24 hours, this period may be extended up to the maximum length of temporary detention by a decision of a prosecutor. If remand needs to be imposed on the detained person, he must, not later than within 48 hours, be delivered before a judge, who shall resolve the issue of imposition of remand in accordance with the procedure laid down by this Code. The period of temporary detention shall start from the actual detention of a person at the site of commission of a criminal act or elsewhere.

5. A pre-trial investigation officer or a prosecutor shall, within the shortest possible time, draw up a record of temporary detention concerning a person’s detention.

6. A person who has been temporarily detained must be questioned as a suspect not later than within 24 hours after having been brought to a pre-trial investigation body or a prosecutor’s office, preceded by the actions provided for in Article 187 of this Code.

7. Detention shall be notified without delay in accordance with the procedure laid down in Article 128(1) and (3) of this Code.

8. A detained person must be released without delay if:

1) the suspicion that he committed a criminal act has been proved to be unfounded;

2) it is established that there are no grounds and conditions for the imposition of remand provided for in Article 122 of this Code or remand is not necessary;

3) the period of detention provided for by law has expired;

4) a court issues a ruling to refuse to impose remand.

9. The period of temporary detention shall be included in the term of remand and the term of a sentence.

Article 141. Placement in a health care institution

1. If a suspect is required to undergo a forensic medical or forensic psychiatric examination during an investigation or hearing of a criminal case, the suspect may, by a ruling of a pre-trial investigation judge or a court, be placed in an expert examination facility and be held there until the submission of an expert report to a prosecutor or to the court. The period of stay in the expert examination facility shall be included in the term of remand.

2. Where it is found upon completion of a forensic psychiatric examination that a suspect poses a danger to the public due to his mental illness, the period of his stay in an expert examination facility may be extended by a ruling of a judge or the suspect may be transferred to another specialised facility until a court decides on the imposition of compulsory medical measures. The period of stay in another specialised facility shall be extended by the ruling of the judge and shall be included in the term of remand.

3. A suspect shall be placed in an expert examination facility, also time limits for a person’s stay in the facility shall be determined or extended in accordance with the same procedure as when imposing, extending or appealing against remand.

4. A suspect on remand shall be placed in an expert examination facility during a pre-trial investigation by a decision of a prosecutor.

5. An accused person may also be placed in an expert examination facility.

Article 142. Bringing in of persons

1. A suspect, an accused person, a victim and every person summoned as a witness must, when summoned, appear before a pre-trial investigation officer, a prosecutor or a court. Where the suspect, the accused person, the victim or the witness fails to appear before the pre-trial investigation officer, the prosecutor or the court without compelling reasons, he may be brought in. If the whereabouts of the suspect or the accused person are unknown, a search notice shall be issued in respect of the suspect or the accused person by a decision of the pre-trial investigation officer or the prosecutor or by a ruling of the court. The pre-trial investigation officer must notify the prosecutor without delay in writing of the issue of the search notice in respect of the suspect.

2. A person shall be brought in by the police by a decision of a pre-trial investigation officer or a prosecutor or by a ruling of a pre-trial investigation judge or a court.

Article 143. Person’s visual inspection

1. A pre-trial investigation officer or a prosecutor shall have the right to perform a visual inspection of the body of a suspect, a victim or another person and to determine, where necessary, whether there are traces of a criminal act or distinguishing marks on his body.

2. If a person does not agree to have his body visually inspected, a pre-trial investigation officer or a prosecutor shall adopt a decision binding on that person.

3. If a visual inspection involves undressing, it shall be performed by a pre-trial investigation officer or a prosecutor or a physician of the same sex.

4. A visual inspection record shall be drawn up.

Article 144. Sampling for comparative analysis

1. A pre-trial investigation officer or a prosecutor shall have the right to take samples from a suspect for comparative analysis. Such samples may be taken from a victim or a witness only if it is necessary to check whether these persons left traces at the site of the incident or on objects.

2. If a person refuses to give samples for comparative analysis, a prosecutor shall adopt a decision binding on that person.

3. A record of sampling for comparative analysis shall be drawn up.

Article 145. Search

1. When there is a ground for believing that in any premises or in another place there are kept instruments of commission of a criminal act, the objects and valuables obtained or acquired by criminal means, also the objects or documents that may be relevant to the investigation of the criminal act or that they are held by a person, a pre-trial investigation officer or a prosecutor may conduct a search to find and seize them.

2. A search may be conducted also to find the people who are being searched for, as well as dead bodies.

3. A search shall be conducted under a reasoned ruling of a pre-trial investigation judge. The ruling must indicate which of the items referred to in paragraphs 1 and 2 of this Article will be searched for.

4. In the course of a search, participation of the owner, the lessor, the manager of the apartment, house or other premises being searched, an adult family member or a close relative thereof or, where the search is being conducted in an undertaking, agency or organisation, a representative of that undertaking, agency or organisation shall be compulsory. When it is not possible to ensure participation of these persons, the search shall be conducted in the presence of a witness to search or a representative of a municipal institution. If required, witnesses to search may be called in to participate in the search also in other cases.

5. A search on plots of land, in the forest and in water bodies may be conducted also in the absence of the owner, the lessor or the manager thereof, however these persons shall be subsequently notified in writing about the search.

Article 146. Body search

1. A body search shall be conducted in accordance with the same rules as a search of an apartment, a house or other premises.

2. A body search may be conducted without a separate ruling issued thereon:

1) when detaining or placing on remand;

2) where there are reasonable grounds for believing that a person staying in the premises or another place wherein a seizure or a search is being conducted conceals on himself the objects or documents that could be relevant to the investigation of a criminal act.

3. A body search may only be conducted by a person of the same sex.

4. The persons referred to in Article 145(4) of this Code shall not be under the obligation to participate in a body search.

Article 147. Seizure

1. If it is necessary to seize the objects or documents that are relevant to the investigation of a criminal act and it is precisely known where they are or who is holding them, a pre-trial investigation officer or a prosecutor may conduct a seizure. The seizure shall be conducted under a reasoned ruling of a pre-trial investigation judge.

2. The persons holding the objects or documents to be seized must not interfere with the officers conducting the seizure. The persons who fail to comply with this duty may be subject to a fine pursuant to Article 163 of this Code.

3. The persons referred to in Article 145(4) of this Code must participate when conducting a seizure.

4. If the persons holding the objects or documents to be seized do not surrender them, the objects or documents may be seized by force.

Article 148. Seizure of postal items

1. A seizure of postal items shall be allowed only under a ruling of a pre-trial investigation judge. Instructions of an officer conducting the seizure of the postal items shall be mandatory for the staff of a post office. The persons who fail to comply with these instructions may be subject to a fine pursuant to Article 163 of this Code.

2. The right to check the content of the postal items seized shall be vested in a prosecutor, a judge and a court.

Article 149. Procedure for conducting a search and a seizure

1. When commencing a search and a seizure, an officer must announce a ruling or a decision regarding the search or the seizure and serve one transcript of the ruling or the decision regarding the search or the seizure on the person subject to the search. Subsequently, the officer must demand that the objects or documents listed in the ruling or the decision be surrendered or the whereabouts of the person in hiding be indicated.

2. When conducting the search or the seizure, the officer shall have the right to open locked premises and containers if the person refuses to open them. The officer must refrain from causing unnecessary damage to locks, doors and other items.

3. The officer shall have the right to prohibit the persons staying in the premises or place wherein the search or the seizure is being conducted, as well as the persons entering these premises or place from leaving the premises or the place, communicating with each other or with other persons before the end of the search or the seizure.

4. The premises or the place wherein the search or the seizure is being conducted may be encircled by officers.

5. It shall be prohibited to conduct searches or seizures at night, except in urgent cases.

6. When conducting the search or the seizure, the officer shall have the right to seize only those objects and documents that may be relevant to the investigation. The objects and documents whose circulation is prohibited by laws must be seized regardless of their connection with the investigation.

7. All objects and documents seized shall be shown to participating persons and listed in a record of the search or the seizure or in an inventory attached to the record (indicating their quantity, weight, individual characteristics, wear). The objects and documents seized must be packed and sealed as appropriate at the place of the search or the seizure.

8. When conducting the search or the seizure, the officer must take measures to prevent the disclosure of the circumstances of the private life of the person and other persons residing in those premises which transpired as a result of the search or the seizure.

9. If there are no witnesses to the search or the seizure, an audio and video recording shall be made during the search or the seizure at the request of the persons participating therein.

10. A record of a search or a seizure shall be drawn up. The record must indicate the objects and documents seized and provide a description of their main characteristics. If no objects or documents were seized during the search, this shall be indicated in the record. One copy of the record of the search or the seizure shall be left to the person subject to the search or the seizure.

Article 150. Conditions of conducting a search and a seizure in premises of diplomatic missions

1. Searches and seizures in the premises wherein a diplomatic mission is located or members of the diplomatic mission and their families reside may be conducted only at the request or with the consent of diplomatic representatives. The consent of a diplomatic representative to a search and a seizure shall be obtained through the Ministry of Foreign Affairs of the Republic of Lithuania.

2. When conducting searches and seizures in the premises referred to in paragraph 1 of this Article, participation of a prosecutor and a representative of the Ministry of Foreign Affairs of the Republic of Lithuania shall be necessary.

Article 1501 . Conditions of conducting a search and a seizure undertaken for the purpose of disclosing confidentiality of the source of information in premises and vehicles of producers and disseminators of public information, their participants and journalists

When conducting searches and seizures in working, living and auxiliary premises and vehicles of producers and disseminators of public information, their participants and journalists, it shall be necessary to ensure compliance with the guarantees of protection of confidentiality of the source of information of these persons as specified in this Code and other legal acts, moreover, in all cases it shall be necessary to ensure participation of a representative authorised by the meeting of representatives of journalists’ and publishers’ organisations or a witness to the search or the seizure proposed by the owner or user of those premises or of the vehicle.

Article 151. Temporary restriction of the right of ownership

1. In order to secure a civil claim, possible confiscation of property or an extended confiscation of property, a suspect or a natural person(s) who, under the law, is/are materially liable for actions of the suspect and who own the property obtained or acquired by criminal means or the property to be confiscated having the characteristics indicated in Article 723 of the Criminal Code of the Republic of Lithuania may be subject to temporary restriction of the right of ownership by a decision of a prosecutor. Temporary restriction of the right of ownership may be imposed in conjunction with a seizure or a search.

2. The right of ownership of a legal person may be temporarily restricted by a decision of a prosecutor in the cases when:

1) it is aimed at securing a possible confiscation of property in the cases provided for in Article 72 of the Criminal Code of the Republic of Lithuania and a possible extended confiscation of property in the cases provided for in Article 723 of the Criminal Code of the Republic of Lithuania;

2) it is aimed at securing a civil claim where there is a sufficient ground for involving the legal person as a civil defendant.

3. An inventory of the property of the person whose right of ownership is temporarily restricted shall be drawn up in the presence of the persons referred to in Article 145(4) of this Code. All property subject to the inventory must be shown to the persons participating when drawing up the inventory of the property. A record of temporary restriction of the right of ownership or an annex to this record drawn up separately, namely, the inventory of the property, shall indicate the quantity and individual characteristics of the objects subject to the inventory. It shall be prohibited to temporarily restrict the right of ownership to the objects which, in accordance with the list specified by laws of the Republic of Lithuania, are essential for a suspect or for members of his family members and his dependants.

4. The property subject to temporary restriction of the right of ownership shall, at the discretion of a prosecutor, be transferred for safekeeping to a representative of a municipal institution or to the owner of this property or his family member, close relative or another person. They must be instructed as to liability for the conveyance, concealment, destruction of or the damage to this property pursuant to Article 246 of the Criminal Code of the Republic of Lithuania. In connection therewith, a written pledge shall be obtained from such persons. Where necessary, such property may be seized. Where the right of ownership of monetary deposits is temporarily restricted, all transactions therewith shall be terminated unless a decision on temporary restriction of the right of ownership specifies otherwise.

5. The person whose right of ownership is temporarily restricted shall have the right to appeal against a prosecutor’s decision to a pre-trial investigation judge. The pre-trial investigation judge must hear this appeal not later than within seven days from the receipt of the appeal. A ruling of the pre-trial investigation judge shall be appealed against to a higher court; a ruling issued by this court shall be final and not subject to appeal.

6. The term of temporary restriction of the right of ownership imposed by a decision of a prosecutor may not exceed six months. This term may be extended by a ruling of a pre-trial investigation judge but for no longer than six months. The ruling extending the term of temporary restriction of the right of ownership and the refusal of the pre-trial investigation judge to extend the term of temporary restriction of the right of ownership shall be appealed against in accordance with the procedure laid down in Part X of this Code. Where the case is referred to court, a court before which the case is pending shall decide on the imposition of temporary restriction of the right of ownership or extension of the term thereof by issuing a ruling. The ruling of the court shall be appealed against in accordance with the procedure laid down in Part X of this Code.

7. In criminal cases concerning the less serious crimes provided for in Article 189(1) and (2) of the Criminal Code of the Republic of Lithuania, serious or grave crimes or in criminal cases in which a civil claim is brought for compensation for the damage caused by a criminal act or where a suspect is in hiding, the number of extensions of the term of temporary restriction of the right of ownership shall not be limited.

8. Temporary restriction of the right of ownership shall be lifted by a decision of a prosecutor or by a court ruling where this measure becomes unnecessary.

Article 152. Decision to impose temporary restriction of the right of ownership

1. A decision to impose temporary restriction of the right of ownership shall indicate:

1) the time and place of the taking of the decision;

2) the prosecutor who adopted the decision;

3) the reasons for adopting the decision and the grounds for imposing temporary restriction of the right of ownership;

4) the person whose right of ownership is to be temporarily restricted (the forename, surname, personal number and place of residence of a natural person; the name, address of the registered office and registration number of a legal person);

5) the person to secure whose claim the right of ownership is to be temporarily restricted (the forename, surname, personal number and place of residence of a natural person; the name, address of the registered office and registration number of a legal person), where the right of ownership is temporarily restricted in order to secure a civil claim;

6) the name of the property subject to temporary restriction of the right of ownership, the property’s code (if the property is registered in a register of property), brief description, location and other property identification data;

7) the owner/co-owners of the property subject to temporary restriction of the right of ownership (the forename, surname, personal number and place of residence of a natural person; the name, address of the registered office and registration number of a legal person);

8) the modes of temporary restriction of the right of ownership (full or partial restriction of the right of ownership) and the scope thereof;

9) the date of expiry of the term of temporary restriction of the right of ownership;

10) the custodian or administrator of the property (the forename, surname, personal number, place of residence of a natural person; the name, address of the registered office and registration number of a legal person);

11) the procedure for executing the decision;

12) the procedure for appealing against the decision.

2. A decision shall, without delay and not later than on the next working day, be notified in accordance with the procedure laid down by this Code to the person whose right of ownership has been temporarily restricted and to all owners/co-owners of the property subject to temporary restriction of the right of ownership. A transcript of the decision imposing temporary restriction of the right of ownership shall be served on the owner/co-owners of the property subject to temporary restriction of the right of ownership. If it is not possible to notify the decision without delay, the decision shall be deemed to have been notified upon registration thereof in the register of property seizure acts.

3. A transcript of a decision to impose temporary restriction of the right of ownership must, without delay and not later than on the next working day, be sent to the data processor of the register of property seizure acts.

4. If, at the time of the adoption of a decision to impose temporary restriction of the right of ownership, the composition and location of the property of the person whose right of ownership is to be temporarily restricted is unknown, it shall be possible not to indicate the specific property in this decision. In this case, the prosecutor who adopted the decision must take measures to determine the composition and location of the property of the person whose right of ownership is to temporarily restricted and, having done so, adopt an additional decision.

5. The additional decision shall be adopted, notified and registered in accordance with the procedure laid down in this Article.

6. Having lifted temporary restriction of the right of ownership, a prosecutor or a court must, without delay, notify thereof the data processor of the register of property seizure acts and submit a decision or a ruling lifting the temporary restriction of the right of ownership.

Article 153. Transmission of documents on temporary restriction of the right of ownership to a court dealing with bankruptcy proceedings

1. If, in order to secure a civil claim in criminal proceedings, the right of ownership of an undertaking against which bankruptcy proceedings have been opened is temporarily restricted in accordance with the procedure laid down in Article 151 of this Code, all documents relating to temporary restriction of the right of ownership may be transmitted to a court dealing with the bankruptcy proceedings. The court dealing with the bankruptcy proceedings shall address all the issues relating to the restricted right of ownership.

2. The custodian or administrator of property designated in a criminal case shall retain all the rights and duties until the temporary restriction of the right of ownership is lifted.

Article 154. Control, recording and accumulation of information transmitted by electronic communications networks

1. Under a ruling of a pre-trial investigation judge issued at the request of a prosecutor, a pre-trial investigation officer may wiretap personal conversations transmitted by electronic communications networks, make recordings thereof, control, record and accumulate other information transmitted by electronic communications networks where there is a ground for believing that in this manner, data could be obtained on a grave, serious or less serious crime being planned, being or having been committed or on the minor crimes provided for in Article 1521, Article 162(2), Article 170, Article 1982(1) and Article 309(2) of the Criminal Code of the Republic of Lithuania or where there is a risk that a victim, a witness or other parties to proceedings or close persons thereof may be exposed to violence, coercion or other unlawful acts.

2. A ruling of a pre-trial investigation judge or a decision of a prosecutor to wiretap personal conversations transmitted by electronic communications networks, to make recordings thereof, to control, record and accumulate other information transmitted by electronic communications networks must indicate the following:

1) the available data on the person against whom the actions must be performed;

2) the data justifying the necessity to perform the actions provided for in paragraph 1 of this Article;

3) the specific actions, as provided for in paragraph 1 of this Article, which are permitted to be performed;

4) the duration of the actions.

3. The procedure laid down in paragraph 1 of this Article may apply to control and recording of the information transmitted by electronic communications networks, with the exception of the content thereof, where there is a ground for believing that in this manner, data could be obtained on minor crimes provided for in Articles 166 and 1981 and Article 309(1) of the Criminal Code of the Republic of Lithuania.

4. The duration of wiretapping of personal conversations transmitted by electronic communications networks, making recordings thereof or control, recording and accumulation of other information transmitted by electronic communications networks may not exceed six months. When investigating a complex or large-volume criminal act, the application of this measure may be extended once for a period of three months.

5. The economic entities providing electronic communications networks and/or services must enable wiretapping of personal conversations transmitted by electronic communications networks, making recordings thereof or control, recording and accumulation of other information transmitted by electronic communications networks. The employees of an economic entity providing electronic communications networks and/or services who fail to comply with this obligation or interfere with the performance of actions referred to in this Article may be subject to a fine in compliance with Article 163 of this Code.

6. Conversations of victims, witnesses or other parties to proceedings transmitted by electronic communications networks may be wiretapped, recordings may be made thereof, other information transmitted by these persons by electronic communications networks may be controlled, recorded and accumulated at the request of these persons or with their consent also in the absence of a ruling of a pre-trial investigation judge issued thereon if no access is provided to services and facilities of the economic entities providing electronic communications networks and/or services.

7. It shall be prohibited to wiretap the conversations of a defence counsel with a suspect or an accused person transmitted by electronic communications networks, to make recordings thereof, to control, record and accumulate other information transmitted between them by electronic communications networks.

8. As regards the fact of control of the content of conversations transmitted by electronic communications networks or other information transmitted by electronic communications networks, a record drawn up by a pre-trial investigation officer shall contain solely the data and audio content relevant to an investigation. The data and audio recordings not relevant to the investigation and not kept in a medium together with the data and recordings relevant to the case shall not be attached to the case file and shall be destroyed without delay by a decision of a prosecutor upon drawing up a relevant report.

Article 155. Prosecutor’s right to access information

1. A prosecutor who has adopted a decision and has obtained the consent of a pre-trial investigation judge shall have the right to visit any state or municipal, public or private agency, undertaking or organisation and to request to be provided with access to the required documents or other required information, to make recordings or to copy documents and information or to obtain the information in writing, if it is necessary for the investigation of a criminal act.

2. Persons who refuse to provide the required information or documents to a prosecutor may, pursuant to Article 163 of this Code, be subject to a fine.

3. A prosecutor may use the information obtained in accordance with the procedure laid down in paragraph 1 of this Article only for the investigation of a criminal act. The prosecutor must, without delay, destroy the information that is not necessary for the investigation of the criminal act.

4. A pre-trial investigation officer may, on a prosecutor’s assignment, also access information in accordance with the procedure laid down in this Article.

5. Laws of the Republic of Lithuania may stipulate restrictions regarding a prosecutor’s right of access to information.

Article 156. Photographing, filming, measuring, taking of palm prints and a sample for genetic dactyloscopy

1. A suspect by a decision of a pre-trial investigation officer or a prosecutor and an accused person by a ruling of a court may be photographed, filmed, measured and have their palm prints and samples taken for genetic dactyloscopy, even if he objects thereto.

2. In the event of necessity related to an investigation, the actions referred to in paragraph 1 of this Article may be performed also in respect of other persons. If such persons do not agree to undergo such actions, such actions may be enforced, but only if there is a prosecutor’s decision.

Article 157. Temporary suspension from duties or temporary suspension of the right to engage in certain activities

1. During the investigation of a criminal act, a pre-trial investigation judge shall, upon receipt of a request from a prosecutor, have the right to temporarily suspend a suspect from duties or to temporarily suspend the right to engage in certain activities if this is necessary in order to investigate the criminal act more speedily and impartially or to prevent the suspect from committing new criminal acts. A ruling to temporarily suspend the suspect from duties shall be delivered to the employer of the suspect for execution.

2. The duration of temporary suspension from duties or temporary suspension of the right to engage in certain activities may not exceed six months. Where necessary, the application of this measure may be extended for a period of up to three months. The number of extensions shall not be limited.

3. A suspect or his defence counsel may appeal to a higher court against a ruling to temporarily suspend the suspect from duties or to temporarily suspend his right to engage in certain activities, also against a ruling to extend the term of application of this measure within seven days from the publication of the ruling. The ruling issued by this court shall be final and not subject to appeal.

4. Where a case is referred to court, the issue of temporary suspension from duties or temporary suspension of the right to engage in certain activities shall be decided by a court before which the case is pending.

5. A prosecutor during a pre-trial investigation, or a court upon referring a case to court, must lift temporary suspension from duties or temporary suspension of the right to engage in certain activities in the cases when this measure becomes unnecessary.

Note from the Register of Legal Acts. Acting pursuant to Article 26(3) of the Law of the Republic of Lithuania on the Constitutional Court, it is hereby announced that from the day of official publication of Ruling No KT7-N4/2016 of the Constitutional Court of 17 February 2016 on the Compliance of Article 157 (wording of 14 March 2002 as amended on 21 September 2010) of the Code of Criminal Procedure of the Republic of Lithuania with the Constitution of the Republic of Lithuania, the validity of Article 157 of the Code of Criminal Procedure of the Republic of Lithuania (wording of 14 March 2002 (Valstybės žinios (Official Gazette) No 37-1341, 2002) as amended on 21 September 2010 (Valstybės žinios (Official Gazette) No 113-5742), 2010)).

Article 158. Actions of pre-trial investigation officers withholding their identity

1. When investigating crimes, pre-trial investigation officers may conduct an investigation without disclosing their identity. These officers may, in accordance with the procedure laid down by Article 159 of this Code, perform the actions imitating a criminal act. If the actions performed by the pre-trial investigation officers withholding their identity may compromise the inviolability of the home, the confidentiality of correspondence or other communication transmitted by non-electronic communications networks, such actions may be performed only when investigating grave, serious and less serious crimes.

2. The actions of pre-trial investigation officers withholding their identity shall be permitted by a ruling of a pre-trial investigation judge and only in the presence of sufficient evidence of a crime of the person under investigation. The pre-trial investigation judge shall issue a ruling on covert activities upon receipt of a prosecutor’s request whose content must conform to the content of a ruling referred to in paragraph 3 of this Article.

3. A ruling permitting pre-trial investigation officers withholding their identity to perform actions must indicate:

1) the persons who are going to perform the covert actions;

2) the person against whom the actions must be performed;

3) data on the person’s criminal act;

4) the specific actions permitted to be performed;

5) the result aimed at;

6) the duration of the covert actions.

4. In conducting an investigation in accordance with the procedure laid down by this Article, it shall be prohibited to provoke a person into committing a criminal act.

5. While conducting an investigation in accordance with the procedure laid down in this Article, pre-trial investigation officers may not apply procedural coercive measures, unless a separate decision has been adopted, or a separate ruling has been issued, in accordance with the procedure laid down in Part III of this Code, with the exception of the urgent cases provided for by this Code.

6. In extraordinary cases, in the absence of other possibilities of identification of the persons committing crimes, an investigation may be conducted in accordance with the procedure laid down by this Article also by persons other than pre-trial investigation officers.

7. Where necessary, the persons who conducted an investigation in accordance with the procedure laid down in this Article may be questioned as witnesses. In the presence of the grounds provided for in Section Four of Chapter XIV of this Code, such persons may be granted anonymity.

8. As regards the fact of the actions performed, a record drawn up by a pre-trial investigation officer shall contain only the data relevant to the investigation. The data not relevant to the investigation and not kept in a medium together with the data relevant to the case shall not be attached to the case file and shall be destroyed without delay by a decision of a prosecutor upon drawing up a relevant report.

Article 159. Permission to perform the actions imitating a criminal act

1. A prosecutor who receives from a person the information that this person is offered to commit a crime or to participate in commission thereof may refer to a pre-trial investigation judge with a request to permit that person to perform the actions imitating a criminal act for the purpose of identifying the persons committing crimes. The content of the prosecutor’s request must be in conformity with the content of a ruling referred to in paragraph 2 of this Article.

2. When issuing a permission to perform the actions imitating a criminal act, a pre-trial investigation judge must issue a ruling. The ruling must indicate the following:

1) the person permitted to perform the actions imitating a criminal act;

2) the person against whom the actions must be performed;

3) data on the criminal act of the person against whom the actions must be performed;

4) the specific actions permitted to be performed;

5) the result aimed at;

6) the duration of the actions.

3. In the course of performance of the actions imitating a criminal act, it shall be prohibited to provoke persons into committing a criminal act.

4. A person who performed the actions imitating a criminal act in accordance with the procedure laid down in this Article shall be considered to be a person who has performed a task of a law enforcement institution in compliance with Article 32 of the Criminal Code of the Republic of Lithuania and may not be prosecuted for the performance of these actions.

Article 160. Covert surveillance

1. A pre-trial investigation judge may, upon receipt of a prosecutor’s request, order to conduct surveillance of a person or a vehicle or an item. A ruling of a pre-trial investigation judge, a decision of a pre-trial investigation officer or a prosecutor to conduct surveillance of a person or a vehicle or an item must indicate:

1) the person or the vehicle or the item subject to surveillance;

2) the data substantiating the necessity of application of this measure;

3) the duration of covert surveillance.

2. Where a video or audio recording or filming is to be made in the course of covert surveillance, such a possibility must also be provided for in the ruling of the pre-trial investigation judge, the decision of the pre-trial investigation officer or the prosecutor.

3. A record of covert surveillance and other documents in the file related to covert surveillance shall be drawn up in compliance with the rules specified in Article 201 of this Code. The record of covert surveillance shall contain only the data relevant to the investigation. The data not relevant to the investigation and not kept in a medium together with the data relevant to the case shall not be attached to the case file and shall be destroyed without delay by a decision of a prosecutor upon drawing up a relevant report.

4. An officer who conducted covert surveillance may be questioned as a witness. The questioning may be conducted in compliance with the rules specified in Articles 203 and 282 of this Code, while a presentation for identification and a confrontation – in compliance with the rules specified in Article 204 of this Code.

5. Subject to the written consent of an officer who conducted covert surveillance, a record of covert surveillance may be drawn up in accordance with the general rules for recording the course and results of the investigative actions specified in Article 179 of this Code, and the officer who conducted covert surveillance may be questioned as a witness in accordance with the general rules for questioning witnesses specified in Section Two and Section Three of Chapter XIV of this Code.

Article 1601 . Use of procedural coercive measures in urgent cases

1. In urgent cases, the procedural coercive measures provided for in Articles 154, 155, 158 and 159 of this Code may also be applied by a decision of a prosecutor and the procedural coercive measures provided for in Articles 145, 147 and 160 of this Code also by a decision of the prosecutor or a pre-trial investigation officer, but in all these cases a ruling of a pre-trial investigation judge confirming the legitimacy of the application of a procedural measure must be obtained within three days from the adoption of the decision. The ruling of the pre-trial investigation judge shall be appealed against in accordance with the procedure laid down in Part X of this Code. The filing of an appeal against the ruling of the pre-trial investigation judge refusing to confirm the legitimacy of the application of the procedural coercive measure shall suspend the enforcement of this ruling.

2. If a ruling of a pre-trial investigation judge is not issued within the time limit laid down in paragraph 1 of this Article, the actions initiated by a decision of a prosecutor or a pre-trial investigation officer shall be terminated without delay.

3. If a ruling confirming the legitimacy of the application of a procedural coercive measure is not received, the objects, valuables and documents seized during a search or a seizure shall be returned to the persons from whom they were seized and the data received by means of other procedural coercive measures shall be destroyed. This shall be done after the expiry of a time limit specified in paragraph 1 of this Article or a time limit for appealing against a ruling of a pre-trial investigation judge or, when this ruling has been appealed against, upon taking a decision by a higher court. In these cases, the results of the application of procedural coercive measures may not be relied upon in further proceedings as the data evidencing the guilt of a suspect or an accused person.

Article 161. Notice to a person of measures applied against him

1. A person against whom, without his knowledge, at least one of the measures provided for in this Chapter was applied must be notified thereof after the end of the application of such a measure. The person must be notified as soon as this becomes possible without prejudice to a positive outcome of the investigation.

2. In the event of termination of criminal proceedings, all the information collected about the private life of a person must be destroyed without delay upon drawing up a relevant note. A decision on the destruction of such information shall be taken by a prosecutor after the expiry of a time limit for appealing against a procedural decision to terminate a pre-trial investigation as provided for in Article 214 of this Code or after examining appeals of parties to the proceedings regarding the termination of the pre-trial investigation.

3. Certain information must also be destroyed in accordance with the procedure laid down in paragraph 2 of this Article if it is decided that such information or part thereof will not be used in criminal proceedings as having no relation thereto, even though the criminal proceedings are not terminated.

Article 162. Use of information in other criminal cases

The information collected about the private life of a person in one criminal case using the procedural coercive measures provided for by this Code may be used during a pre-trial investigation in another criminal case only by a decision of a senior prosecutor. If the criminal case is pending before a court, a decision on the use of the information in another criminal case shall be taken by a ruling of a pre-trial investigation judge or by the court.

Article 163. Coercive measures applicable against the persons failing to comply with lawful instructions of a pre-trial investigation officer, a prosecutor, a pre-trial investigation judge or a court

1. A witness who, without compelling reasons, fails to appear for proceedings or any person who fails to comply with lawful instructions of a pre-trial investigation officer, a prosecutor, a pre-trial investigation judge or a court issued in accordance with this Code or other laws or who interferes with the investigation and hearing of a criminal case may be subject to a fine in the amount of up to 30 minimum standards of living (MSLs) or, in the cases provided for in this Code, arrest for a period of up to one month. The fine may be imposed by the prosecutor, the pre-trial investigation judge or the court, and arrest – only by the pre-trial investigation judge or the court. A suspect or an accused person may be subject to the fine specified in this Article only for failure to appear for proceedings without compelling reasons.

2. A prosecutor shall impose a fine by a decision of his own motion or under a motion filed by a pre-trial investigation officer. A pre-trial investigation judge or a court shall impose the fine or arrest of his/its own motion or at the request of the prosecutor.

3. A decision of a prosecutor to impose a fine may be appealed against in accordance with the procedure laid down in Article 63 of this Code within ten days from the receipt of a transcript thereof.

4. A ruling of a pre-trial investigation judge or a court hearing a case to impose a fine or arrest may be appealed against by a person subject to the fine or arrest within seven days from the receipt of a transcript of the ruling to the pre-trial investigation judge or to the court that issued the ruling requesting to revoke the imposed fine or arrest or to reduce the amount of the fine or the length of arrest. The appeal shall be heard at a court hearing if a notice thereof has been given to the person who filed the appeal. A ruling issued in respect of the appeal may be appealed against to a higher court in accordance with the procedure laid down in Part X of this Code.

PART IV

PRE-TRIAL INVESTIGATION

CHAPTER XIII

GENERAL PROVISIONS ON PRE-TRIAL INVESTIGATION

Article 164. Entities of a pre-trial investigation

1. A pre-trial investigation shall be conducted by pre-trial investigation officers. The pre-trial investigation shall be organised and directed by a prosecutor. The prosecutor may decide to conduct himself the entire pre-trial investigation or a part thereof.

2. In the cases provided for in this Code, certain pre-trial investigation actions shall be performed by a pre-trial investigation judge.

Article 165. Pre-trial investigation bodies

1. The police shall be a pre-trial investigation body. Pre-trial investigation bodies shall also include the State Border Guard Service, the Special Investigation Service, the Military Police, the Financial Crime Investigation Service, the Customs of the Republic of Lithuania and the Fire and Rescue Department when investigating the criminal acts detected in the course of performance by these institutions of their direct functions provided for in the laws governing their activities.

2. A pre-trial investigation shall also be conducted by masters of seagoing vessels in respect of the criminal acts committed by the crew and passengers while on a voyage, by officers of the Prisons Department, directors of arrest houses, pre-trial detention facilities and correctional facilities or the officers authorised by them in respect of the criminal acts committed therein.

Article 166. Opening of a pre-trial investigation

1. A pre-trial investigation shall be opened:

1) upon receipt of a complaint, a motion or a report of a criminal act;

2) where a prosecutor or a pre-trial investigation officer himself establishes the elements of a criminal act.

2. In the cases specified in this Code, a pre-trial investigation shall be opened only upon receipt of a victim’s complaint.

3. Each case of opening of a pre-trial investigation shall be registered in accordance with the procedure laid down by the Prosecutor General of the Republic of Lithuania.

4. A notice of the opening of a pre-trial investigation shall be sent to the person who filed a complaint, a motion or a report.

Article 167. Opening of a pre-trial investigation solely on the basis of a complaint of a victim or a motion of his legal representative or at a prosecutor’s request

1. A pre-trial investigation of the criminal acts provided for in Article 139(1), Article 140(1), Articles 145, 148 and 1481, Article 149(1), Article 150(1), Article 151(1), Articles 152, 154, 165 and 168, Article 178(1) and (4), Article 179(1) and (3), Article 182(1) and (3), Article 183(1) and (3), Article 184(1) and (3), Article 186, Article 187(1) and (3), Article 188, Article 294(1) and Article 313 of the Criminal Code of the Republic of Lithuania shall be opened only upon receipt of a victim’s complaint or a motion of his legal representative. In these cases, proceedings shall be conducted in accordance with the general procedure.

2. If the criminal acts referred to in paragraph 1 of this Article are of public importance or incur damage to a person who, for compelling reasons, is unable to defend his legitimate interests, in the absence of a complaint of a victim or a motion of his legal representative, a pre-trial investigation of these acts must be opened at a prosecutor’s request.

3. If the criminal acts provided for in Article 140(1), Article 145, Article 148, Article 1481, Article 149(1), Article 150(1), Article 151(1) and Article 165 of the Criminal Code of the Republic of Lithuania contain elements of domestic violence, a pre-trial investigation shall be opened regardless of whether there is a complaint of a victim or a motion of his legal representative. In these cases, the pre-trial investigation shall be opened and proceedings shall be conducted in accordance with the general procedure.

4. If it is established in the course of a pre-trial investigation that a suspect’s act contains elements of a criminal act whose investigation is conducted solely upon receipt of a complaint of the injured party or a motion of his legal representative, the pre-trial investigation of this act shall be conducted solely upon receipt of the relevant complaint, motion or request.

Article 168. Refusal to open a pre-trial investigation

1. Upon receipt of a complaint, a motion or a report and, where necessary, also an adjustment thereof, a prosecutor or a pre-trial investigation officer shall refuse to open a pre-trial investigation only in the cases when the specified data on a criminal act are manifestly incorrect or the circumstances referred to in Article 3(1) of this Code have been established with sufficient clarity. For the purpose of adjusting the data of the complaint, the motion or the report, the actions not related to procedural coercive measures may be performed: an on-the-spot inspection of the site of the incident and questioning of incident witnesses may be conducted, also data or documents may be requested from state or municipal enterprises, agencies, organisations, the complainant or the person in the interest whereof the complaint, the motion or the report was filed, a questioning of the complainant or the person in the interest whereof the complaint, the motion or the report was filed may be conducted. Such procedural actions must be performed within the shortest possible time limits, but not later than within ten days.

2. When refusing to open a pre-trial investigation, a prosecutor or a pre-trial investigation officer shall draw up a reasoned decision. The pre-trial investigation officer may refuse to open the pre-trial investigation solely with the consent of the head of a pre-trial investigation body or a person authorised by him.

3. A transcript of a decision to refuse to open a pre-trial investigation shall be sent to the person who filed a complaint, a motion or a report. A pre-trial investigation officer must send the transcript of the decision to a prosecutor within 24 hours.

4. In the event of refusal to open a pre-trial investigation in the cases referred to in paragraph 1 of this Article, a person who filed a complaint, a motion or a report shall have the right to access all material or part thereof on the basis of which a pre-trial investigation officer or a prosecutor has adopted a decision to refuse to open the pre-trial investigation, also to make copies or extracts of this material when accessing it. A written request for accessing the material referred to in this paragraph and/or making copies or extracts of this material when accessing it shall be submitted to the head of a pre-trial investigation body/division thereof or, in the cases where the complaint, the motion or the report has been examined and a procedural decision thereon has been taken by a prosecutor, to the prosecutor. The head of the pre-trial investigation body/division thereof or the prosecutor must consider this request not later than within three days from the receipt thereof. The head of the pre-trial investigation body/division thereof or the prosecutor shall indicate the extent to which the material is to be accessed by the person who filed the complaint, the motion or the report. When accessing the material referred to in this paragraph, the prohibitions referred to in Article 181(6) of this Code shall also apply.

5. A decision of a pre-trial investigation officer to refuse to open a pre-trial investigation may be appealed against to a prosecutor, and a prosecutor’s decision – to a pre-trial investigation judge. If the prosecutor does not revoke the decision to refuse to open the pre-trial investigation, his decision may be appealed against to the pre-trial investigation judge. A decision taken by the pre-trial investigation judge shall be appealed against in accordance with the procedure laid down in Part X of this Code. Appeals may be filed within seven days from the receipt of a transcript of a decision or a ruling. The persons authorised to file an appeal, if failing to keep to a time limit for filing an appeal for compelling reasons, shall have the right to request that the prosecutor or the pre-trial investigation judge authorised to hear the appeal to reopen the exceeded time limit. The request to reopen the mentioned time limit may not be submitted after the lapse of more than six months from the taking of the decision which has been appealed against.

6. In the event of refusal to open a pre-trial investigation in the cases specified in paragraph 1 of this Article and having at his disposal data on an administrative offence or an offence provided for by other legal acts, a prosecutor, a pre-trial investigation officer shall, under a decision to refuse to open the pre-trial investigation, refer a complaint, a motion or a report and an adjustment thereof for resolution in accordance with the procedure laid down by the Code of Administrative Offences of the Republic of Lithuania or other legal acts.

7. The Permanent Chamber of the European Public Prosecutor’s Office may, in accordance with the rules laid down in Regulation (EU) 2017/1939, instruct a European Delegated Prosecutor to open a pre-trial investigation where the European Delegated Prosecutor has taken a decision to refuse to open a pre-trial investigation or has validated a decision adopted by a pre-trial investigation officer to refuse to open a pre-trial investigation or dismissed an appeal of a person who filed a motion or a report regarding the opening of a pre-trial investigation.

Article 169. Prosecutor’s actions in opening a pre-trial investigation

1. Having received a complaint, a motion or a report of a committed criminal act or having establishing the elements of the criminal act himself, a prosecutor shall open a pre-trial investigation without delay.

2. Having opened a pre-trial investigation, a prosecutor shall perform all the required pre-trial investigation actions himself or shall assign this to a pre-trial investigation body.

Article 170. Prosecutor’s powers in conducting a pre-trial investigation

1. A prosecutor shall have the right to conduct himself the entire pre-trial investigation or individual pre-trial investigation actions.

2. When a pre-trial investigation or individual pre-trial investigation actions are conducted by pre-trial investigation officers, a prosecutor must control the conduct of the pre-trial investigation.

3. A prosecutor shall give mandatory instructions to pre-trial investigation officers, revoke their unlawful or unfounded decisions, assign to entities of criminal intelligence the use of the methods or means of collection of criminal intelligence information that do not restrict the individual’s rights provided for in Article 44(9) of this Code.

4. The following decisions shall be taken exclusively by a prosecutor:

1) regarding joining and splitting of investigations;

2) regarding suspension of a pre-trial investigation;

3) regarding termination of a pre-trial investigation, except for the cases provided for in Article 214(1) of this Code;

4) regarding reopening of a terminated pre-trial investigation;

5) regarding conclusion of an investigation and drawing up of an indictment.

5. When taking the decisions referred to in points 1, 3, 4 and 5 of paragraph 4 of this Article, a European Delegated Prosecutor or a European Prosecutor shall act in accordance with the rules laid down in Regulation (EU) 2017/1939 and this Code.

6. A senior prosecutor shall establish the infringements of procedural laws committed by prosecutors, revoke their unlawful or unfounded decisions and give mandatory instructions to the prosecutors, with the exception of an instruction regarding a procedural decision to be taken.

7. Only a prosecutor may refer to a pre-trial investigation judge for the performance of the actions falling within this judge’s remit. In the cases provided for in Articles 214 and 217 of this Code, decisions of a prosecutor regarding termination of a pre-trial investigation and reopening of a terminated pre-trial investigation must be validated by the pre-trial investigation judge.

Article 1701 . Prosecutor’s powers in ensuring property confiscation

During proceedings, a prosecutor must take measures to find the property having the characteristics referred to in Article 72 or 723 of the Criminal Code of the Republic of Lithuania and to ensure its possible confiscation.

Article 171. Actions of officers of pre-trial investigation bodies in opening a pre-trial investigation

1. If a complaint, a motion or a report of a criminal act is received by a pre-trial investigation body or where the pre-trial investigation body itself establishes elements of the criminal act, an officer of the pre-trial investigation body shall open a pre-trial investigation without delay and also notify a prosecutor thereof.

2. Having received a report from an officer of a pre-trial investigation body, a prosecutor shall decide who is to conduct an investigation. The prosecutor may decide:

1) to conduct on his own the entire pre-trial investigation or individual actions thereof;

2) to assign the performance of pre-trial investigation actions to the pre-trial investigation body, which shall report to the prosecutor about the opening of the pre-trial investigation;

3) to assign the performance of pre-trial investigation actions to another pre-trial investigation body.

3. A prosecutor shall have the right to form an investigation team from several officers of different pre-trial investigation bodies.

Article 172. Rights and duties of pre-trial investigation officers

1. A pre-trial investigation officer shall, in the course of a pre-trial investigation, have the right to perform all actions provided for in this Code, except for those which may be performed only by a prosecutor or a pre-trial investigation judge.

2. A pre-trial investigation officer must:

1) perform the necessary procedural actions to ensure a speedy and comprehensive detection of criminal acts;

2) comply with all instructions of a prosecutor;

3) report to a prosecutor about the progress of a pre-trial investigation at the time set by the prosecutor.

3. The head of a pre-trial investigation body or a division thereof shall, within his remit, organise the activities of the pre-trial investigation body or the division thereof and control the procedural activities of pre-trial investigation officers in such a manner so as to complete an investigation and to detect a criminal act within the shortest possible time.

Article 173. Powers of a pre-trial investigation judge

1. A pre-trial investigation judge shall, in accordance with the procedure laid down in this Code:

1) impose and authorise the application of procedural coercive measures;

2) take the oath of and question witnesses and victims;

3) question suspects;

4) take decisions on termination of a pre-trial investigation in the cases provided for in Article 214(1) of this Code;

5) validate decisions of a prosecutor to terminate a pre-trial investigation in the cases provided for in Article 214(2) of this Code;

6) validate decisions of a prosecutor to reopen a terminated pre-trial investigation in the cases provided for in this Code;

7) hear complaints of parties to proceedings regarding the actions of pre-trial investigation officers and a prosecutor;

8) perform other actions provided for in this Code.

2. A pre-trial investigation judge shall perform the actions provided for in points 1-5 of paragraph 1 of this Article upon receipt of a request from a prosecutor. The prosecutor shall submit this request of his own motion or if requested by a party to proceedings. The pre-trial investigation judge may not refuse to consider the prosecutor’s request. If the pre-trial investigation judge refuses to grant the prosecutor’s request, he shall issue a reasoned ruling thereon. The prosecutor may appeal against this ruling in accordance with the procedure provided for in Article 65 of this Code.

3. In addition, a pre-trial investigation judge shall perform procedural actions on the assignment of a court before which a criminal case is pending.

4. A pre-trial investigation judge shall not perform any actions of his own motion.

Article 174. Place of a pre-trial investigation

1. A pre-trial investigation shall be conducted by a prosecutor of the locality wherein a criminal act was committed or by an officer of a pre-trial investigation body within the territory of activities whereof the criminal act was committed.

2. In order to ensure that a criminal act is investigated as speedily and comprehensively as possible, the investigation may be assigned to a prosecutor or a pre-trial investigation body of another locality.

3. A prosecutor or a pre-trial investigation body of another locality shall be assigned the investigation of a criminal act by a senior prosecutor.

Article 175. Separate assignments

1. If it is necessary to perform investigative actions in another locality, a prosecutor or an officer of a pre-trial investigation body may perform them himself or assign this task to the relevant prosecutor or pre-trial investigation body.

2. A prosecutor shall have the right to assign the performance of investigative actions to a prosecutor of another locality or to any pre-trial investigation body.

3. A pre-trial investigation body shall have the right to assign the performance of investigative actions only to the equivalent pre-trial investigation body of another locality. If the performance of individual actions is to be assigned to another pre-trial investigation body of another locality, the relevant request shall be submitted to a prosecutor.

4. The assignments given in this Article must be executed within the shortest possible time limits.

Article 176. Time limits of a pre-trial investigation

1. A pre-trial investigation must be conducted within the shortest possible time limits but no longer than:

1) in respect of a misdemeanour – within three months;

2) in respect of minor, less serious and negligent crimes – within six months;

3) in respect of serious and grave crimes – within nine months.

2. Due to the complexity, large volume of a case or other relevant circumstances, the time limits provided for in paragraph 1 of this Article may be extended by a senior prosecutor’s validation at the request of a prosecutor in charge of the pre-trial investigation in question. The pre-trial investigation must be a priority in the cases wherein suspects are on remand, as well as in the cases wherein suspects or victims are minors.

3. If a pre-trial investigation lasts for an excessive period of time, a pre-trial investigation judge may, upon receipt of a complaint of a suspect or his defence counsel, take the decisions provided for in Article 215 of this Code.

Article 177. Prohibition of publication of pre-trial investigation data

1. Pre-trial investigation data may not be published. These data may be published prior to hearing of a case in court solely with the permission of a prosecutor and to the extent recognised as permissible. Publication of data on the suspects and victims who are minors shall be prohibited.

2. Where necessary, a prosecutor or a pre-trial investigation officer shall warn parties to proceedings or other persons being witnesses to ongoing pre-trial investigation actions of the prohibition to publish pre-trial investigation data without the prosecutor’s permission. In such cases, a person shall, against signature, be warned of liability pursuant to Article 247 of the Criminal Code of the Republic of Lithuania.

CHAPTER XIV

PRE-TRIAL INVESTIGATION ACTIONS

SECTION ONE

GENERAL PROVISIONS ON PRE-TRIAL INVESTIGATION ACTIONS

Article 178. Actions performed by prosecutors and pre-trial investigation officers

1. A prosecutor and a pre-trial investigation officer may, in accordance with the procedure laid down in this Code, question a suspect, question witnesses, apply procedural coercive measures and perform other actions provided for in this Code.

2. A suspect, his defence counsel, a victim, a civil claimant, a civil defendant and their representatives shall have the right to request a prosecutor in writing to perform the actions provided for in Article 97 and in Chapters XII and XIV of this Code. The prosecutor must examine such a request not later than within ten days from the receipt thereof or, when pre-trial investigation material is required for the examination of the request, within ten days from the receipt of such material. Having examined the request, the prosecutor shall take a decision:

1) to perform the requested actions himself;

2) to place a pre-trial investigation body under the obligation to perform the requested actions;

3) to refuse to perform the requested actions.

3. When deciding to refuse to perform the requested actions, a prosecutor must draw up a decision. The person who submitted the request shall have the right to appeal against this decision to a pre-trial investigation judge within seven days from the receipt thereof. The pre-trial investigation judge must hear the appeal not later than within seven days from the receipt thereof. The judge’s decision shall be final. If the judge decides that the actions as requested by a suspect, his defence counsel or a victim must be performed, the prosecutor must, within the shortest possible time, perform them or place a pre-trial investigation body under the obligation to do so.

4. If a suspect, his defence counsel, a victim, a civil claimant, a civil defendant and their representatives request to perform an action that may only be performed by a pre-trial investigation judge, the pre-trial investigation judge may, upon examining an appeal regarding a prosecutor’s refusal to refer to the judge regarding this action, assign to the prosecutor the organisation of the performance of such an action.

5. A suspect, his defence counsel, a victim, a civil claimant, a civil defendant and their representatives shall have the right to participate in the investigative actions performed at their request, to pose questions during a questioning, to access records of the investigative actions performed at their request, to submit observations on the content of these records.

Article 179. Recording of the course and results of investigative actions

1. When performing investigative actions, records shall be drawn up. In the course of the investigative actions, it shall be possible to take photographs, film, make audio and video recordings, prints and casts of traces, draw up plans and schemes and use other means of recording.

2. A record shall be drawn up by a person performing an investigative action or by a person assisting him in the course of the investigative action or immediately upon completion thereof. The record must indicate the place and time of the performance of the investigative action (date and hour); the person performing the investigative action and all persons participating in the performance of the action or present when performing it; testimony of the persons questioned or a description and results of other investigative actions; motions filed by the persons participating in the performance of the investigative action or present when performing it. If technical means were used when performing the investigative action, the record must indicate the conditions of and procedure for using them. The data of the persons participating in the performance of the investigative action (except for a person’s forename, surname and year of birth) shall be stored separately from other pre-trial investigation material.

3. The record shall be signed by the person who performed the investigative action, the person who drew up the record and all other persons participating in the performance of the investigative action. Where the record is drawn up in electronic format, the person who performed the investigative action and the person who drew up the record shall sign it using an advanced electronic signature. All other persons participating in the performance of the investigative action may either sign the record using an advanced electronic signature or sign a special annex to the record in written format. The fact that a person participating in the performance of the investigative action refuses to sign the investigative action record or is unable to sign it by reason of physical impairments or for other reasons shall be noted in the record and the person who performed the investigative action shall confirm this fact by affixing his signature. Where the investigative action is performed using audiovisual transmission equipment, the record shall be signed only by the person who performed the action and the person who drew up the record.

4. Any amendments, corrections and supplements to the record must be discussed.

5. Photographs, negatives, digital media, audio and video recordings and other output of the use of technical means in performing investigative actions shall constitute annexes to an investigative action record.

Article 180. Participation of a professional in the performance of investigative actions

1. Professionals may be involved to participate when performing investigative actions.

2. If a professional who is not an officer of a pre-trial investigation body is engaged to participate in performing an investigative action, prior to the commencement of the performance of the investigative action his identity and competence shall be ascertained, his relationship with a suspect and a victim shall be determined, and the presence of grounds for challenge of the professional shall be verified. Prior to commencing his duties, such a professional shall sign a written pledge to perform the tasks assigned to him in good faith; he shall also be warned of liability pursuant to Article 235 of the Criminal Code of the Republic of Lithuania for the provision of a false conclusion or clarification.

Article 181. Right of parties to proceedings to access data of a pre-trial investigation

1. A suspect and his defence counsel, a victim and his representative shall, during a pre-trial investigation, have the right to access at any time the data of the pre-trial investigation, with the exception of personal data of parties to the proceedings stored separately from other pre-trial investigation material, also make copies or extracts of the pre-trial investigation material when accessing it. A written request for accessing the pre-trial investigation material or making copies or extracts of the pre-trial investigation material when accessing it shall be submitted to a prosecutor. The prosecutor must examine the request not later than within seven days from the receipt thereof or, when the pre-trial investigation material is required for examination of the request, within seven days from the receipt of the material. The prosecutor shall have the right to deny access to all or part of the data of the pre-trial investigation, also not to permit to make copies or extracts of the pre-trial investigation material if such access, in the opinion of the prosecutor, could prejudice a positive outcome of the pre-trial investigation. In refusing access to all or part of the data of the pre-trial investigation, also not permitting to make copies or extracts of the pre-trial investigation material, the prosecutor must draw up a reasoned decision. This decision may be appealed against to a pre-trial investigation judge within seven days from the receipt of a transcript thereof. The pre-trial investigation judge must hear such an appeal within seven days from the receipt thereof and issue a ruling. The ruling issued by the pre-trial investigation judge shall not be subject to appeal.

2. A prosecutor shall not have the right to deny access to all data of a pre-trial investigation or not permit making copies or extracts of the pre-trial investigation material if the pre-trial investigation has been completed and an indictment is being drawn up. When accessing the pre-trial investigation material, parties to the proceedings shall have the right to make copies or extracts of the pre-trial investigation material in accordance with the procedure laid down in paragraphs 1 and 6 of this Article. The prosecutor shall neither have the right to prevent a suspect and his defence counsel from accessing at any point during the pre-trial investigation the material, as submitted by the prosecutor, which is or was submitted to a court when requesting to impose or extend a supervision measure the imposition whereof is decided by a pre-trial investigation judge or the court, or from making copies or extracts of a part of this material in accordance with the procedure laid down in paragraphs 1 and 6 of this Article.

3. If a suspect is on remand, his right to access the data of a pre-trial investigation and the right to make copies or extracts of the pre-trial investigation material shall be granted to his defence counsel or, if the suspect waives defence counsel, to the suspect himself.

4. If a suspect is outside the territory of the Republic of Lithuania, the right to access the data of a pre-trial investigation conducted in respect of a crime for which liability is provided under international treaties of the Republic of Lithuania and Article 7 of the Criminal Code or in respect of a crime causing substantial damage and the right to make copies or extracts of the pre-trial investigation material shall be granted to his defence counsel.

5. The persons as referred to in Article 214(3) of this Code who have the right to file an appeal against a decision to terminate a pre-trial investigation shall have the right to access the whole or a part of the material of the terminated pre-trial investigation in accordance with the procedure laid down in paragraphs 1 and 6 of this Article.

6. When accessing the material of a pre-trial investigation, it shall be prohibited to make copies of the pre-trial investigation material in the cases when the data:

1) are related to minor suspects and minor victims;

2) are related to the private life of parties to the proceedings;

3) are related to criminal acts against the freedom of an individual’s sexual self-determination and inviolability;

4) have been entered in records of procedural actions and annexes thereto (in photographs, negatives, audio and video recordings, digital media and by otherwise recording the results of the use of technical means), when the information has been obtained by applying the methods and means of collecting criminal intelligence information in accordance with the procedure laid down in the Law of the Republic of Lithuania on Criminal Intelligence or Articles 154, 155, 158, 159 and 160 of this Code;

5) constitute a state, official, professional or commercial secret. In this case, it shall also be prohibited to make extracts of the pre-trial investigation material.

SECTION TWO

QUESTIONING DURING A PRE-TRIAL INVESTIGATION

Article 182. Summoning to a questioning

1. A person shall be summoned to a questioning. A summons shall indicate the following: who and for what purpose is summoned to appear where and before whom, the date and time of the appearance, the consequences of failure to appear provided for in Article 163 of this Code.

2. The person may also be summoned to the questioning by phone or by other means. In these cases, the procedural coercive measures provided for in Article 163 of this Code may not be applied to failure to appear.

Article 183. Questioning of a witness

1. Before commencing a questioning of a witness, a prosecutor or a pre-trial investigation officer shall ascertain the identity of the witness, determine the necessary data about the witness’s personality and his relationship with a suspect and instruct him as to the rights and duties of a witness provided for in Articles 81 and 83 of this Code. Before commencing the first questioning, the witness shall be warned of liability pursuant to Article 235 of the Criminal Code of the Republic of Lithuania for giving false testimony, which he shall confirm by affixing his signature in a record. Before commencing other questioning, the witness shall be reminded that he has been warned of liability for giving false testimony, which shall be noted in the record.

2. A questioning shall commence with a proposal for a witness to tell everything he knows about the circumstances that are relevant to the resolution of the case. Subsequently, the witness may be posed questions. It shall be prohibited to pose suggestive questions.

3. A record of a witness’ questioning shall be drawn up in compliance with the requirements provided for in Article 179 of this Code. The testimony given by the witness shall be written down in the first person and, to the fullest extent possible, word for word. If necessary, the record shall include the questions posed to the witness and his answers thereto. The personal data of the witness (except for the person’s forename, surname and year of birth) shall be stored separately from other pre-trial investigation material.

4. A witness who, in accordance with the procedure laid down by law, is subject to measures of protection from criminal influence, also a witness who, for other reasons, is unable to appear for a questioning may be questioned by audiovisual transmission.

Article 184. Questioning of a witness conducted by a pre-trial investigation judge

1. A prosecutor shall refer to a pre-trial investigation judge for conducting a questioning of a witness where he believes that:

1) it will not be possible to question the witness in the course of hearing of the case in court;

2) the witness may change his testimony in the course of hearing of the case in court or exercise his right to refuse to give testimony;

3) the witness will give more detailed testimony to the pre-trial investigation judge.

2. Prior to commencing a questioning of a witness, a pre-trial investigation judge must take his oath. The oath shall not be taken from the person being questioned in the cases provided for in Article 278 of this Code.

3. A prosecutor must attend a questioning of a witness conducted by a pre-trial investigation judge. During the questioning, the prosecutor shall have the right to pose additional questions to the person being questioned. Upon completion of the questioning, the prosecutor shall have the right to access a record of the questioning and request it to be supplemented.

4. A prosecutor must notify a suspect and his defence counsel of the place and date of a questioning conducted by a pre-trial investigation judge in the cases provided for in paragraph 1 of this Article. If the suspect is outside the territory of the Republic of Lithuania, a notification of the place and date of a witness’ questioning conducted by the pre-trial investigation judge in respect of a crime for which liability is provided under international treaties of the Republic of Lithuania and Article 7 of the Criminal Code or in respect of a crime causing substantial damage shall be sent to the central liaison offices in foreign states as provided for in the international treaties of the Republic of Lithuania. A suspect on remand shall be delivered to the place of the questioning. The suspect and his defence counsel shall have the right to participate in such a questioning, pose questions to the person being questioned and, upon completion of the questioning, have access to a record of the questioning and submit observations thereon.

5. Failure of a suspect who is not in custody or his defence counsel to appear for a questioning of a witness shall not preclude the conduct of the questioning.

Article 185. Questioning of a victim

1. A victim shall be summoned and questioned as a witness. Where it is necessary to ensure the victim’s special protection needs, one or more provisions of Article 186 of this Code may apply.

2. Where a victim is questioned by a pre-trial investigation officer in cases concerning crimes and misdemeanours against an individual’s freedom of sexual self-determination and inviolability, cases of domestic violence, trafficking in human beings, profiting from another person’s prostitution and involvement in prostitution or cases related to discrimination or hatred based on sex, the victim may request that the questioning be conducted by a person of the same sex. The pre-trial investigation officer may take a decision refusing to grant this request if this would prejudice a positive outcome of the pre-trial investigation.

Article 186. Questioning of a minor witness and a minor victim

1. A minor witness or a minor victim shall be questioned by a pre-trial investigation judge in accordance with the procedure laid down in Article 184(3), (4) and (5) of this Code, in the cases when this is requested in the interests of the child by his representative, a prosecutor or a defence counsel or in the cases provided for in Article 184(1) of this Code.

2. A minor witness or a minor victim shall, during a pre-trial investigation, be questioned in the premises adapted for questioning children and usually not more than once. In the cases when, during the pre-trial investigation, it is necessary to repeat the questioning of the minor witness or the minor victim, they shall usually be questioned by the same person. During their questioning, a video and audio recording must be made. The minor witness and the minor victim shall be summoned to a trial only in exceptional cases.

3. A questioning of a young witness or a young victim at all times, also a questioning of a minor witness or a minor victim with regard to crimes against human life, health, liberty, sexual self-determination and inviolability, the child and the family, with regard to profiting from the minor’s prostitution or involvement of the minor in prostitution or in other cases when requested by parties to proceedings or of own motion of a pre-trial investigation officer, a prosecutor or a pre-trial investigation judge, must be attended by a psychologist, who shall assist in questioning the minor taking into account his social and psychological maturity, also by the representative of a state institution for the protection of the rights of the child, who shall observe from another room whether the rights of the minor witness or the minor victim are respected during the questioning. The representative of the state institution for the protection of the rights of the child may pose questions to the person being questioned and submit requests concerning the questioning. A representative of the minor witness or the minor victim shall have the right to participate in the questioning only upon considering whether he will have an impact on the minor.

4. A suspect and other parties to proceedings, with the exception of a psychologist and a representative of a minor witness or a minor victim, shall be prohibited from staying in the room where a questioning is being conducted. In such a case, an audio and video recording must be compulsorily made, and the possibility must be provided for the suspect and other parties to the proceedings to view and listen to the questioning from another room and to pose questions to the person being questioned through the pre-trial investigation judge. If it is not possible to create conditions for the suspect and other parties to the proceedings to view and listen to the questioning from another room, the questioning shall be conducted in the absence of the suspect and other parties to the proceedings. The audio and video recording made during such a questioning shall be shown immediately after the questioning to the suspect and other parties to the proceedings who have the right to pose questions to the person being questioned through the pre-trial investigation judge.

Article 1861 . Assessment of a victim’s special protection needs

1. A pre-trial investigation officer or a prosecutor shall, not later than during the first questioning of a victim, perform an assessment of the victim’s special protection needs. If necessary, a psychologist or other persons possessing specialist knowledge or skills may be engaged for this purpose. The data collected during the assessment of the victim’s special protection needs shall be taken into account in organising criminal proceedings and, in the cases specified in this Code, in deciding whether the victim, due to his special protection needs, must be applied one or more of the guarantees specified in this Code.

2. If necessary, an additional or repeated assessment of the victim’s special protection needs shall be organised or performed by a prosecutor: during a pre-trial investigation of his own motion or under an assignment of a pre-trial investigation judge or, in the course of court proceedings, under an assignment of a court.

3. The data obtained in assessing a victim’s special protection needs shall be stored separately from the case file. A suspect, an accused person, a convicted person and his defence counsel shall not be allowed to access these data.

4. The procedure for assessing the special protection needs of victims shall be specified by the Prosecutor General of the Republic of Lithuania.

Article 187. Notice of suspicion

1. Before the first questioning, a notice of suspicion or a prosecutor’s decision to recognise as a suspect must be served on a suspect against his signature. If a person suspected of having committed a crime for which liability is provided under international treaties of the Republic of Lithuania and Article 7 of the Criminal Code or a crime causing substantial damage is outside the territory of the Republic of Lithuania and, in the cases provided for in international treaties of the Republic of Lithuania, may not be extradited or surrendered to the Republic of Lithuania, he shall be recognised as a suspect at the request of a prosecutor by a ruling of a pre-trial investigation judge. This ruling shall be sent to the central liaison offices in foreign states provided for in the international treaties of the Republic of Lithuania. The notice of suspicion, the prosecutor’s decision or the ruling of the pre-trial investigation judge recognising as a suspect must indicate the criminal act (the place and time of commission thereof, other circumstances) and the criminal law that provides for the criminal act, as well as the rights of the suspect.

2. Before other questioning, a new notice of suspicion must only be served if the content of the notice changes.

3. No longer effective from 26 October 2017.

Article 188. Questioning of a suspect during a pre-trial investigation

1. During a pre-trial investigation and before the drawing up of an indictment, a suspect must be questioned.

2. A suspect shall always be questioned before the imposition a supervision measure thereon.

3. Prior to commencing a questioning of a suspect, a pre-trial investigation officer, a prosecutor or, in the cases specified by this Code, a pre-trial investigation judge shall instruct the suspect as to his right to remain silent and/or to refuse to give testimony of a criminal act allegedly committed by him. At the beginning of the questioning, the suspect shall be asked if he confesses to committing the criminal act which he is suspected of having committed. He shall then be proposed to give testimony of the substance of the suspicion. Subsequently, questions may be posed to the suspect.

4. A suspect’s questioning record shall be drawn up in accordance with the requirements set out in Article 179 of this Code. The testimony given by the suspect shall be written down in the questioning record in the first person and, to the fullest extent possible, word for word. If necessary, the questions posed to the suspect and his answers shall be noted. If during the questioning the suspect exercised his right to remain silent and/or to refuse to give testimony of a criminal act allegedly committed by him, this shall be noted in the suspect’s questioning record.

5. At the request of parties to proceedings or by a pre-trial investigation officer, a prosecutor or a pre-trial investigation judge of his own motion, a minor suspect’s questioning shall be attended by a psychologist, who shall assist in questioning the minor taking into account his social and psychological maturity, and/or the representative of a state institution for the protection of the rights of the child, who shall observe whether the rights of the minor suspect are respected during the questioning. The representative of the state institution for the protection of the rights of the child may pose questions to the person being questioned and submit requests concerning the questioning. An audio and video recording of the questioning may be made of the own motion of a pre-trial investigation officer or a prosecutor or at the request of the minor suspect or his defence counsel or legal representative. When questioning a minor suspect who is on remand or detained, an audio and video recording shall be made in all cases.

6. It shall be possible not to question a suspect during a pre-trial investigation in respect of a crime for which liability is provided in international treaties of the Republic of Lithuania and Article 7 of the Criminal Code or in respect of a crime causing substantial damage only if he is outside the territory of the Republic of Lithuania and may not be extradited or surrendered to the Republic of Lithuania in the cases provided for in the international treaties of the Republic of Lithuania.

7. A suspect who is unable to appear for a questioning or is held in an arrest house, a pre-trial detention facility or a correctional facility may be questioned by audiovisual transmission.

Article 189. Questioning of a suspect conducted by a pre-trial investigation judge

1. Upon receipt of a request from a prosecutor, which the prosecutor may submit on behalf of a suspect, his defence counsel or of his own motion, the suspect may be questioned by a pre-trial judge during a pre-trial investigation.

2. At the request of a suspect, a prosecutor must, within the shortest possible time period after the submission of such a request, deliver the suspect on remand before a pre-trial investigation judge and participate in his questioning.

3. A suspect shall, of a prosecutor’s motion, be questioned by a pre-trial investigation judge in the cases when it is believed that, in the course of hearing of a case in court, an accused person may change his testimony or exercise the right to refuse to give testimony.

4. The provisions of Article 188(3) and (4) of this Code shall apply during a questioning of a suspect being conducted of a prosecutor’s own motion.

5. If a questioning is conducted at the request of a suspect, his defence counsel must attend the questioning. The questioning of the suspect shall commence with a proposal for the suspect to tell about the circumstances in respect whereof he wished to be questioned by a judge. Subsequently, the defence counsel and a prosecutor may pose questions to the suspect.

6. A suspect who is unable to appear for a questioning conducted by a pre-trial investigation judge or is held in an arrest house, a pre-trial detention facility or a correctional facility may be questioned by audiovisual transmission.

Article 1891. Procedure for a minor’s individual assessment

1. Upon completion of the first questioning of a minor suspect, a pre-trial investigation officer or a prosecutor conducting a pre-trial investigation shall refer without delay to a state institution for the protection of the rights of the child for individual assessment of the minor suspect in accordance with the procedure and in the format specified by the Minister of Social Security and Labour of the Republic of Lithuania. The state institution for the protection of the rights of the child shall have the right to obtain from a municipal pedagogical and psychological service data on the special educational needs of the minor, assessment of his personality and maturity. The municipal pedagogical and psychological service must submit these data not later than within ten working days from the receipt of the referral. Where the minor is on remand, a referral regarding his individual assessment shall be submitted to the place of custody where the minor is held. The minor’s individual assessment must be carried out and a summary must be submitted in the prescribed written format to the pre-trial investigation officer or the prosecutor not later than within 25 working days from the receipt of the referral.

2. The data of a minor’s individual assessment shall be taken into account when selecting for a minor supervision and other procedural coercive measures, taking decisions on termination of a pre-trial investigation or referral of a case to court, organising procedural actions involving a minor suspect or a minor accused person, taking decisions on the imposition of a penalty, criminal or reformative sanctions on the minor.

3. In the event of a material change in the circumstances which formed the content of the individual assessment of a minor, a pre-trial investigation officer, a prosecutor or a court shall, of own motion or at the request of a minor suspect or his defence counsel or a minor accused person or his defence counsel, apply for additional or repeated individual assessment of the minor.

4. In cases which are investigated under the accelerated procedure or in which a court penal order is issued, as well as in cases concerning minor or negligent crimes or misdemeanours, individual assessment of a minor may be omitted unless this is contrary to the interests of the minor.

Article 190. Confrontation

1. The two previously questioned persons whose testimonies substantially contradict each other may be brought to confront each other in order to find out the causes of the contradiction and to eliminate them.

2. When questioning the persons brought to confront each other, general rules for questioning a witness and a suspect as provided for in this Code must be observed. The confrontation involving a suspect must, in the event that he so requests, be attended by his defence counsel.

3. When commencing a questioning of the persons brought to confront each other, they shall be asked whether they are acquainted and what relation they have to each other. Subsequently, these persons shall be offered to give, by taking turns, testimony of the circumstances for the establishment whereof the confrontation is being carried out. After each of the questioned persons gives his testimony, questions may be posed to them. If the questioned person changes his previous testimony in the course of the confrontation, he must be asked about reasons for the change of testimony.

4. The persons brought to confront each other may pose questions to each other. Questions may also be posed to the persons brought to confront each other by other persons attending the confrontation.

5. Publication of the testimony given by participants of a confrontation and contained in records of previous questioning, as well as listening to and viewing of audio and video recordings of such questioning shall be permitted only after the participants of the confrontation give their testimony in the course of the confrontation and it is entered in a record.

SECTION THREE

ACTIONS OF TESTIMONY VERIFICATION

Article 191. Presentation for identification

1. In order to verify the testimony given by a questioned person regarding a particular person, object or any other item, a presentation for identification may be conducted.

2. The identifying person must first be questioned about the circumstances under which he saw or otherwise took note of the person, object or any other item to be identified as well as about the marks and specific features according to which he may identify that person, object or any other item.

Article 192. Procedure for presenting a person for identification

1. A person to be identified shall be presented to the identifying person together with other persons of the same sex who as closely as possible resemble the person to be identified. A record of presentation for identification shall indicate the surname, forename, year of birth, height, body composition, place of residence and clothing of all persons presented for identification.

2. There must be at least three persons presented for identification. This rule shall not extend to cases of identification of a corpse.

3. A person’s presentation for identification which involves a suspect must, in the event that he so requests, be attended by his defence counsel.

4. When commencing a presentation for identification, a person to be identified shall be offered to take any place among the persons presented for identification. This shall be noted in a record.

5. A group of the persons presented for identification shall be photographed or otherwise visually recorded.

6. If a person cannot be presented for identification, the identification may be conducted by presenting his photograph. It shall be presented together with at least three photographs of other persons. The person’s presentation for identification may be conducted by presenting photographs also in the cases where it is necessary to ensure the security of a witness or a victim.

7. A person’s presentation for identification may also be conducted by presenting a video recording made in accordance with the rules set out in paragraphs 1 and 2 of this Article.

8. It may also be offered, in accordance with the procedure laid down in this Article, to identify a person according to other characteristics perceived by sensory organs.

Article 193. Procedure for presenting objects and other items for identification

1. Objects and other items shall be presented for identification among other objects or other items of the same type. There must be at least three objects or other items presented for identification. This rule shall not extend to cases of identification of unique objects and items.

2. The characteristics of the objects and items that are presented for identification shall be described in a record of presentation for identification. A group of the objects or items presented for identification shall be photographed or otherwise visually recorded.

3. Objects and other items may be presented for identification also according to other characteristics perceived by sensory organs.

Article 194. Presentation for identification based on collections and card indexes

1. In order to identify an unidentified suspect, object or any other item, a witness or a victim may be presented the card indexes of photographs of persons or video recordings, collections of objects or other items collected by a pre-trial investigation body.

2. At the beginning of a presentation for identification based on collections and card indexes, the identifying person must first be questioned about the circumstances under which he saw or otherwise took note of the person, the object or any other item to be identified, as well as about the marks and specific features by which he is able to identify that person, object or any other item.

3. The course of a presentation for identification based on collections and card indexes must be photographed or otherwise visually recorded.

4. If the identifying person identifies one of the persons, objects or other items recorded in a card index, he shall be requested to explain according to what marks or specific features he has identified that person, object or any other item.

Article 195. Questioning in the course of a presentation for identification

1. When questioning in the course of a presentation for identification, the general rules for questioning a witness and a suspect as provided for in this Code must be observed.

2. After presenting to the identifying person a selected group of persons, objects or other items, he shall be requested to indicate a person, an object or any other item about whom/which he gave his testimony.

3. If the identifying person indicates one of the persons, objects or other items presented to him, he shall be requested to explain according to what marks or specific features he has identified that person, object or any other item.

4. If the identifying person states that the group presented for identification does not include the person, the object or any other item about whom/which he gave his testimony, he shall be proposed to explain the difference between the person, the object or any other item mentioned in his testimony and those presented for identification.

Article 196. On-the-spot testimony verification

1. In order to verify or adjust the testimony of a witness, a victim or a suspect regarding the place and situation of an incident, actions of participants in the incident or other circumstances relevant to the investigation of a criminal act, it shall be possible to come with a person whose testimony is being verified or adjusted to the place indicated by that person and to compare the testimony against the circumstances established on the spot.

2. A person whose testimony is being verified or adjusted shall independently show the place about which he gave his testimony and explain his previous testimony by clearly linking it to the circumstances established on the spot and answering the questions posed to him. During an on-the-spot testimony verification, general rules for questioning a witness and a suspect as provided for in this Code must be observed. The on-the-spot testimony verification which involves the suspect must, in the event that the suspect so requests, be attended by his defence counsel.

3. According to the testimony of a person being questioned, the situation of an incident may be reconstructed and this person may demonstrate the actions mentioned in the testimony.

4. If any items that may be relevant to the investigation of a criminal act are found during an on-the-spot testimony verification, they must be seized, and this fact shall be noted in a record of one-the-spot testimony verification.

Article 197. Experiment

1. In order to verify the testimony or versions of witnesses, victims and suspects, the situation of the incident under investigation, the environment, actions of persons or other circumstances may be reconstructed and the necessary tests may be carried out.

2. An experiment involving a suspect must, in the event that he so requests, be attended by his defence counsel.

SECTION FOUR

SPECIFIC FEATURES OF PROCEDURAL ACTIONS INVOLVING A VICTIM OR WITNESS WHERETO ANONYMITY IS APPLIED

Article 198. Right of a victim or a witness to request anonymity

1. A victim or a witness may, in accordance with the procedure laid down by this Code, request a prosecutor or a pre-trial investigation officer to apply anonymity to him.

2. A prosecutor or a pre-trial investigation officer shall, where there is a ground for doing so, apply anonymity to a victim or a witness, also take the measures as stipulated by this Code to ensure the confidentiality of data on the identity of the victim or the witness whereto anonymity is applied.

3. A prosecutor or a pre-trial investigation officer who is in possession of information about the presence of the grounds for applying anonymity as provided for in Article 199 of the Code may apply anonymity of his own motion.

Article 199. Grounds for applying anonymity to a victim and a witness

1. Anonymity may be applied to a victim and a witness where:

1) there is an identified danger to the life, health, liberty or property of the victim, the witness or their family members or close persons, also service, business or other legitimate interests;

2) the testimony of the victim or the witness is material in criminal proceedings;

3) the victim or the witness participates in proceedings related to a grave, serious or less serious crime.

2. Anonymity shall apply to a victim or a witness if there are all grounds listed in this Article.

Article 1991. Partial anonymity

1. When there are grounds provided for in Article 199 of this Code, also in other cases where there is evidence that the disclosure of certain data on a witness or a victim may have negative consequences for the rights and legitimate interests of the witness or the victim, their family members or close relatives and the confidentiality of a part of the data on the witness or the victim is sufficient to ensure the protection of these rights and interests, partial anonymity may be applied.

2. In the presence of the circumstances referred to in paragraph 1 of this Article, a prosecutor or a pre-trial investigation officer shall determine the extent of classification of the data by a decision to apply partial anonymity. Classification may be applied to the forename and surname of the witness or the victim, their date of birth, personal number, address of the place of residence, profession, place of work or study, kinship, also other data on the witness or the victim (except for data on the relationship of the witness or the victim with the suspect) whose classification is based on the circumstances referred to in paragraph 1 of this Article.

3. A victim and a witness whereto partial anonymity is applied by classifying their forename and surname shall, in documents of investigative actions and in other documents in the file, be referred to by number.

4. In cases of the application of partial anonymity, investigative actions shall be performed and documents in the file shall be drawn up in accordance with the general procedure laid down by this Code, classified data shall be entered, stored and used in accordance with the procedure laid down in Article 201 of this Code, save for the exceptions specified in this Article.

Article 200. Procedure for applying anonymity to a victim or a witness

1. A victim or a witness may request anonymity before a questioning.

2. Having established that there is a ground for applying anonymity, a prosecutor or a pre-trial investigation officer must still verify whether a victim and a witness:

1) has physical or mental impairments which would preclude him from correctly understanding the matters relevant to the case and giving accurate testimony in relation thereto;

2) was previously convicted of giving false testimony;

3) may, for personal or mercenary reasons, give false testimony against a suspect.

3. If there are grounds for applying anonymity and there are no circumstances provided for in paragraph 2 of this Article, a prosecutor or a pre-trial investigation officer shall adopt a reasoned decision to apply anonymity. The decision of the pre-trial investigation officer must be validated by the prosecutor.

4. A decision to apply anonymity shall be kept separate from the case file and be stored in accordance with the procedure laid down in Article 201(2) of this Code.

Article 201. Specific features of the content of documents of investigative actions and other documents in the file where anonymity is applied to a victim and a witness

1. A victim and a witness whereto anonymity is applied shall be referred to by number in documents of investigative actions and other documents in the file.

2. Actual data on the person’s identity shall be entered in a special annex to an investigative action record. This annex shall be kept in an envelope. A prosecutor or a pre-trial investigation officer shall seal and sign the envelope and store it separately from the criminal case file. The special annex to the investigative action record contained in the envelope may be accessed by the prosecutor or the pre-trial investigation officer or a pre-trial investigation judge. Upon accessing the document, these persons shall again seal and sign the envelope.

3. The envelope shall be stored with the prosecutor or the pre-trial investigation body investigating the case. At the request of a court, the envelope shall be handed over directly to a judge.

4. In cases of the application of anonymity, an investigative action record, a decision or any other document in the file shall be drawn up and signed by a prosecutor or a pre-trial investigation officer or a pre-trial investigation judge who performed the action or drew up the decision or another document in the file. After performing each investigative action or adopting the decision, an entry shall be made in the special annex to the record referred to in paragraph 2 of this Article indicating that the victim or the witness has accessed the investigative action record and the decision. He shall confirm this by affixing his signature.

5. Investigative actions records, decisions, rulings and other documents in the file shall not contain any information which could lead to the identification of a victim or a witness who participated in an investigative action or was mentioned in another document and whereto anonymity is applied.

Article 202. Liability for disclosure of the anonymity of a victim or a witness

The data identifying a victim and a witness, documented and classified in accordance with the procedure laid down in Article 201 of this Code, shall comprise a state secret. Only a prosecutor, a pre-trial investigation officer and a judge participating in proceedings shall be entitled to access the identification data. They shall be held liable for disclosure of the classified data pursuant to Article 125 of the Criminal Code of the Republic of Lithuania.

Article 203. Questioning of a victim or a witness whereto anonymity is applied, as conducted by a pre-trial investigation judge

1. A pre-trial investigation judge shall question a victim or a witness whereto anonymity is applied in accordance with the rules laid down in Articles 183 and 184 of this Code, save for the exceptions stipulated in this Article.

2. A victim or a witness whereto anonymity is applied shall be questioned by creating acoustic and visual barriers to the identification of the person being questioned or in accordance with the procedure laid down in paragraph 3 of this Article.

3. A pre-trial investigation judge may consider that a questioning must be conducted in the absence of a defence counsel and a suspect at the place of the questioning. In such a case, the pre-trial investigation judge shall, after having questioned a person, provide the defence counsel and the suspect with access to the evidence received. Thereafter, the defence counsel and the suspect shall have the right to pose questions to a victim or a witness through the pre-trial investigation judge. If the anonymity of the person being questioned could be disclosed from the questions posed, the pre-trial investigation judge shall have the right not to pose questions or to reword them. Answers to the questions posed by the defence counsel and the suspect shall be entered in a questioning record. After the questioning, the defence counsel shall have the right to access the record.

4. A prosecutor may participate in a questioning of a victim or a witness whereto anonymity is applied.

Article 204. Specific features of a presentation for identification and a confrontation of a victim or a witness whereto anonymity is applied

1. Where the identifying person is a person whereto anonymity is applied, a presentation for identification shall be conducted by creating acoustic and visual barriers hindering the identification of the identifying person.

2. If anonymity is applied to a person being confronted, a confrontation shall be conducted using the means provided for in paragraph 1 of this Article.

SECTION FIVE

EXAMINATION AND VISUAL INSPECTION OF ITEMS

Article 205. Procedure for examining items

1. In order to detect traces of a criminal act and other items relevant to an investigation, to determine the situation of an incident and other circumstances relevant to a case, the examination of the site of the incident, a human body, a corpse, a locality, premises, documents and other items shall be conducted.

2. Objects, documents and other items shall be examined at the place of their discovery. Objects, documents or other items which require considerable time to be examined or which require examination by technical means may be examined in a laboratory or any other facility where the necessary conditions are available.

3. The examination of items shall be carried out by professionals. A professional who is not an officer of a pre-trial investigation body shall be assigned the task of carrying out the examination of items in writing.

Article 206. Specific features of examination of certain items

1. The examination of a human body and a corpse shall be performed by a forensic physician/forensic medical examiner or another medical practitioner.

2. The examination of a person’s mental state shall be performed by a forensic psychiatrist or a forensic psychologist.

3. An officially buried corpse may be dug up (exhumed) only if a pre-trial investigation judge issues such a ruling. The exhumed corpse must be identified by the persons who were acquainted with the person or his identity must be established otherwise. The family members or close relatives of the deceased person shall have the right to participate in the exhumation.

4. The examination of a person’s dwelling or official premises which are not the site of an incident may be carried out only with the consent of the owner of the dwelling or with the consent of a representative of an undertaking, agency, organisation or under a ruling of a pre-trial investigation judge. The owner of the dwelling or a full-age member of his family or a representative of the undertaking, agency or organisation shall have the right to participate in such an examination.

Article 207. Visual inspection

1. The objects or other items which are relevant to the investigation of a criminal act and which do not need to be examined in accordance with the procedure provided for in Article 205 of this Code shall be visually inspected by a prosecutor, a pre-trial investigation officer or a professional.

2. A visual inspection record shall be drawn up. The visual inspection record shall detail the items being visually inspected and their attributes that are relevant to the establishment of the circumstances of a criminal act. The objects subject to visual inspection shall be photographed or filmed to the fullest extent possible.

SECTION SIX

EXPERT EXAMINATION

Article 208. Grounds for ordering an expert examination

An expert examination shall be ordered in cases when a pre-trial investigation judge or a court decides that a special examination requiring scientific, technical, artistic or other special knowledge is necessary in order to establish the circumstances of a criminal act.

Article 209. Procedure for ordering an expert examination

1. A prosecutor shall, having acknowledged the necessity of conducting an expert examination, give a written notice thereof to a suspect, his defence counsel and other parties to the proceedings interested in the outcome of the expert examination and lay down a time limit within which such persons may submit requests regarding questions to an expert, the assignment of a specific expert and provide additional material for the expert examination. If the suspect is outside the territory of the Republic of Lithuania, the notice of the expert examination in respect of a crime for which liability is provided in international treaties of the Republic of Lithuania and Article 7 of the Criminal Code or in respect of a crime causing substantial damage shall be sent to the central liaison offices in foreign states provided for in the international treaties of the Republic of Lithuania. The prosecutor shall subsequently refer to a pre-trial investigation judge with a motion for ordering an expert examination. The motion shall be accompanied by requests of the parties to the proceedings or shall indicate that no requests have been received.

2. The pre-trial investigation judge shall, having decided that it is necessary to order an expert examination, issue a ruling ordering an expert examination or, having decided that it is not necessary to order the expert examination, a ruling refusing to order an expert examination.

3. The ruling ordering an expert examination shall indicate: the circumstances of a criminal act; the ground for ordering the expert examination; an expert examination facility or an expert assigned with the task of conducting the expert examination; the questions posed to the expert; the material provided to the expert.

4. The ruling ordering an expert examination shall be sent to an expert examination facility or served on an expert. Expert examinations shall be conducted at expert examination facilities in accordance with the procedure laid down in the regulations of these facilities.

Article 210. Assignment of the task of carrying out an expert examination to a person not included in the list of experts

1. If a person not included in the list of experts is assigned with the task of conducting an expert examination, a pre-trial investigation judge shall call in the person proposed by a prosecutor, ascertain his identity, profession and competence, determine his relationship with a suspect and other parties to the proceedings, also verify whether there are grounds for challenging the expert.

2. The persons not included in the list of experts shall be called in as experts only on the basis of a voluntary agreement.

3. Before ordering the expert examination, the pre-trial investigation judge shall instruct the person not included in the list of experts as to the rights and duties of an expert, take his oath and warn him of liability for presenting a false conclusion pursuant to Article 235 of the Criminal Code of the Republic of Lithuania. The person assigned as an expert shall take an oath and sign the text of the oath, with the exception of the cases when he takes the oath using information and electronic communications technologies (video conferencing). The person taking the oath shall be entitled to choose one of the following texts of the oath:

1) “I, (forename, surname), swear to conscientiously perform the duties of an expert. So help me God.’;

“I, (forename, surname), swear to conscientiously perform the duties of an expert”.

Article 211. Access of parties to proceedings to an expert report

1. An expert report shall be submitted to a prosecutor at whose request an expert examination was conducted.

2. Upon receipt of the expert report, the prosecutor shall inform a suspect, his defence counsel and other parties to the proceedings at whose request the expert examination was ordered or who submitted requests when ordering the expert examination and shall indicate where and when the expert report may be accessed. A record shall be drawn up regarding accessing the expert report.

CHAPTER XV

TERMINATION OF A PRE-TRIAL INVESTIGATION

Article 212. Cases of termination of a pre-trial investigation

A pre-trial investigation shall be terminated:

1) when it transpires during the pre-trial investigation that there are circumstances provided for in Article 3 or 32 of this Code;

2) when during the pre-trial investigation sufficient data were not collected to prove the suspect’s guilt in respect of commission of a criminal act;

3) when pursuant to Article 36 of the Criminal Code of the Republic of Lithuania, it is recognised that a person or an act committed thereby lost his/its dangerousness due to a change of circumstances;

4) when pursuant to Article 37 of the Criminal Code of the Republic of Lithuania it is recognised that a criminal act is of minor relevance;

5) when a suspect reconciles with a victim in the cases provided for in Article 38 of the Criminal Code of the Republic of Lithuania;

6) when a suspect is transferred on bail into the responsibility of a person who is worthy of a court’s trust in the cases provided for in Article 40 of the Criminal Code of the Republic of Lithuania;

7) when a suspect assists, under the conditions referred to in Article 391 of the Criminal Code of the Republic of Lithuania, in detecting the criminal acts committed by an organised group or a criminal association;

71) when a suspect assists, under the conditions referred to in Article 392 of the Criminal Code of the Republic of Lithuania, in detecting an act committed by another person;

8) in the presence of the conditions of and grounds for release from criminal liability provided for in Article 93, Article 114 (3), Article 147(3), Article 1471(3), Article 1472 (2), Article 157(3), Article 1891(2), Article 226(6), Article 227(6), Article 259(3) and Article 291(2) and (3) of the Criminal Code of the Republic of Lithuania;

9) due to commission of separate acts, multiple criminal acts, under the conditions provided for to in Article 213 of this Code;

10) in the case provided for in Article 215 of this Code due to an excessive length of the pre-trial investigation.

Article 213. Termination of a pre-trial investigation in cases of commission of multiple criminal acts

When a person is suspected of having committed multiple criminal acts, one or several of which is/are misdemeanours or minor crimes, while another or others is/are serious or grave crimes, a prosecutor may terminate a pre-trial investigation in respect of the misdemeanours and the minor crimes. The prosecutor may take this decision if it is believed that this will speed up proceedings in respect of serious or grave crimes. The pre-trial investigation of misdemeanours and minor crimes may not be terminated if these acts have caused damage and a civil claim has been filed for compensation for damage.

Article 214. Procedure for terminating a pre-trial investigation

1. In the cases provided for in points 1 and 2 of Article 212 of this Code, a pre-trial investigation shall be terminated by a decision of a prosecutor or a ruling of a pre-trial investigation judge.

2. In the cases provided for in points 3-9 of Article 212 of this Code, a pre-trial investigation shall be terminated by a decision of a pre-trial investigation judge validating a prosecutor’s decision on termination of the pre-trial investigation.

3. Termination of a pre-trial investigation or a decision of a pre-trial investigation judge not to validate a prosecutor’s decision on termination of the investigation shall be notified to a suspect, his representative, a defence counsel, a victim, a civil claimant, a civil defendant and representatives thereof by serving on or sending to them transcripts of the decisions.

4. A decision provided for in paragraph 1 of this Article may be appealed against to a senior prosecutor, who must examine the appeal not later than within 20 days from the receipt thereof. If the senior prosecutor refuses to grant the appeal, this decision may be appealed against to a pre-trial investigation judge. The decision of the pre-trial investigation judge regarding the appeal, as well as the decision of the pre-trial investigation judge provided for in paragraph 2 of this Article may be appealed against in accordance with the procedure laid down in Part X of this Code.

5. Appeals against a prosecutor’s decision may be filed within 20 days from the receipt of a transcript of the decision or a ruling. The persons authorised to file an appeal, if failing to keep to the time limit for filing an appeal for compelling reasons, shall have the right to request that a senior prosecutor or a court authorised to hear the appeal reopen the exceeded time limit. The request to reopen the mentioned time limit may not be submitted after the lapse of more than six months after the receipt of the transcript of the decision or the ruling.

6. If the material of a pre-trial investigation contains data on an administrative offence or an offence provided for in other legal acts, a prosecutor shall, by a decision terminating the pre-trial investigation, transmit this material for taking a decision thereon in accordance with the procedure laid down in the Code of Administrative Offences of the Republic of Lithuania or other legal acts.

Note from the Register of Legal Acts. The provisions of Article 214(6) shall also apply in cases when there is evidence of administrative offences provided for in the Code of Administrative Offences of the Republic of Lithuania, as approved by Law No X-4449 of 1984.

7. A person on the basis of whose complaint, motion or notification a pre-trial investigation has been opened shall be informed of a decision to dismiss the case.

8. When terminating a pre-trial investigation, a European Delegated Prosecutor or a European Prosecutor shall act in accordance with the rules laid down in Regulation (EU) 2017/1939 and the procedures laid of Articles 212, 213 and 214 of this Code.

Article 215. Termination of a pre-trial investigation due to an excessive length of the pre-trial investigation

1. If a pre-trial investigation is not completed within six months from the first questioning of a suspect, the suspect, his representative or defence counsel may file a complaint with a pre-trial investigation judge regarding the delay in the pre-trial investigation.

2. To hear the complaint, the pre-trial investigation judge shall hold a hearing to which the suspect or his counsel and a prosecutor shall be called in.

3. Having heard the complaint, the pre-trial investigation judge shall issue one of the following rulings:

1) to dismiss the complaint;

2) to place the prosecutor under the obligation to complete the pre-trial investigation within the specified time limit;

3) to terminate the pre-trial investigation.

4. A ruling of the pre-trial investigation judge may be appealed against in accordance with the procedure laid down in Article 65 of this Code. If the complaint is dismissed, the parties to the proceedings referred to in paragraph 1 of this Article may refile a complaint not earlier than after the lapse of three months from the examination of the previous complaint.

5. A prosecutor must complete a pre-trial investigation and draw up an indictment or draw up a decision on the termination of the pre-trial investigation within a time limit specified by a pre-trial investigation judge. The prosecutor may refer to the pre-trial investigation judge requesting an extension of the time limit for completion of the pre-trial investigation. The issue of the extension of the time limit shall be considered at a hearing to which the parties to the proceedings referred to in paragraph 2 of this Article shall be called in.

Article 216. Content of a decision to terminate a pre-trial investigation

1. A decision to terminate a pre-trial investigation shall set out the substance of the criminal act, the grounds and reasons for the termination of the investigation.

2. A decision must resolve the issue of the objects relevant to the investigation of a criminal act in accordance with the procedure laid down in Article 94 of this Code. In addition, the decision shall indicate the fact of lifting of a supervision measure, as well as measures to secure a civil claim, confiscation of property and extended confiscation of property.

Article 217. Procedure for reopening a terminated pre-trial investigation

1. A prosecutor may, based on appeals of parties to proceedings or of his own motion, reopen a pre-trial investigation if there is a ground therefor. The pre-trial investigation shall be reopened by a decision of the prosecutor after revoking a decision to terminate the pre-trial investigation.

2. The pre-trial investigation may be reopened in the event of transpiration of the material circumstances relevant to the just resolution of the case which were not established at the time of taking the decision to terminate the pre-trial investigation.

3. A pre-trial investigation terminated in the cases provided for in points 3-9 of Article 212 of this Code shall be reopened where a pre-trial investigation judge validates a prosecutor’s decision to reopen the terminated pre-trial investigation. A ruling of the pre-trial investigation judge refusing to validate the prosecutor’s decision to reopen the terminated pre-trial investigation may be appealed against in accordance with the procedure laid down in Part X of this Code.

4. If a suspect in respect of whose act a pre-trial investigation has been terminated in the case provided for in point 5 of Article 212 of this Code commits a new criminal act within one year from the termination of the pre-trial investigation, a prosecutor may under the conditions referred to in Article 38(3) of the Criminal Code of the Republic of Lithuania, and must under the conditions referred to in paragraph 4 of the same Article, adopt a decision to reopen the terminated pre-trial investigation.

5. If a suspect in respect of whose act a pre-trial investigation has been terminated in the case provided for in point 6 of Article 212 of this Code commits a new criminal act until the expiry of the period of surety or if a surety withdraws his suretyship, a prosecutor may under the conditions referred to in Article 40(6) and (7) of the Criminal Code of the Republic of Lithuania, and must under the conditions referred to in paragraph 8 of the same Article, adopt a decision to reopen the terminated pre-trial investigation.

6. If a suspect in respect of whose act a pre-trial investigation has been terminated in the case provided for in point 7 of Article 212 of this Code evades giving testimony in the course of further proceedings, a prosecutor may adopt a decision to reopen the terminated pre-trial investigation.

7. If a suspect in respect of whose criminal act a pre-trial investigation has been terminated in the case provided for in point 71 of Article 212 of this Code commits a new criminal act within one year from the termination of the pre-trial investigation, a prosecutor may under the conditions referred to in Article 392(3) of the Criminal Code of the Republic of Lithuania, and must under the conditions referred to in paragraph 4 of the same Article, adopt a decision to reopen the terminated pre-trial investigation.

8. A suspect, his representative, a defence counsel, a victim, a civil claimant, a civil defendant and representatives thereof shall be notified of the reopening of a pre-trial investigation. These persons shall have the right to appeal against a decision on the reopening of the terminated pre-trial investigation. The refusal to reopen the terminated pre-trial investigation shall be notified to a party to the proceedings who filed the appeal, and he may appeal against such a decision. Appeals shall be filed and heard in accordance with the procedure laid down in Articles 63, 64 and 65 of this Code.

9. When reopening a pre-trial investigation, a European Delegated Prosecutor or a European Prosecutor shall act in accordance with the rules laid down in Regulation (EU) 2017/1939 and the provisions of this Article.

CHAPTER XVI

CONCLUSION OF A PRE-TRIAL INVESTIGATION BY DRAWING UP AN INDICTMENT

Article 218. End of a pre-trial investigation

1. A prosecutor shall, upon being satisfied that during a pre-trial investigation sufficient data were collected to prove a suspect’s guilt in respect of commission of a criminal act, announce to the suspect and inform his defence counsel, a victim, a civil claimant, a civil defendant and representatives thereof that the pre-trial investigation has been completed and they have the right to access pre-trial investigation material and to submit requests for supplementing the pre-trial investigation material. If there are many victims or civil claimants in the proceedings, they may be notified of the end of the pre-trial investigation on a special website and at the e-mail addresses indicated by the parties to the proceedings.

2. Where the conditions provided for in Article 273(1) of this Code are met, the suspect and his defence counsel shall also be informed that the suspect may, prior to drawing up of an indictment, state in writing that he agrees with the suspicion and consents to the summary examination of evidence as provided for in Article 273 of this Code to be conducted in the course of hearing of the case in court.

3. The parties to the proceedings as provided for in paragraph 1 of this Article shall, within the time limit set by the prosecutor, have the right to submit a request for accessing the pre-trial investigation material. In the presence of such a request, they shall be granted access to the pre-trial investigation material, except the personal data stored separately from other pre-trial investigation material. Access may be granted by serving a copy of the pre-trial investigation material. The copy of the pre-trial investigation material may, with the consent of a party to the proceedings, be served in an electronic medium. In the cases when the copy is not served, the prosecutor shall set a time limit within which the parties to the proceedings shall have the right to access the pre-trial investigation material and submit requests for supplementing the pre-trial investigation material.

4. When the pre-trial investigation was conducted or most pre-trial investigation actions were performed by a pre-trial investigation officer, the prosecutor may, upon being satisfied that sufficient data were collected during the pre-trial investigation to prove the suspect’s guilt in respect of commission of the criminal act, assign to him the performance of the actions provided for in paragraphs 1 and 2 of this Article.

5. Requests for supplementing the pre-trial investigation material shall be resolved by a reasoned decision of the prosecutor. If the prosecutor decides to perform additional procedural actions, the parties to the proceedings as provided for in paragraph 1 of this Article shall be granted access only to the material obtained after performing the additional procedural actions. The prosecutor’s decision rejecting a request for supplementing the pre-trial investigation material shall not be subject to appeal.

6. The pre-trial investigation officer shall submit a brief written report on the pre-trial investigation actions performed, unless the prosecutor indicates otherwise.

7. Having performed the actions provided for in this Article, the prosecutor shall draw up an indictment.

8. When drawing up the indictment, a European Delegated Prosecutor or a European Prosecutor shall act in accordance with the rules laid down in Regulation (EU) 2017/1939 and the provisions of Article 219 of this Code.

9. If the suspect is outside the territory of the Republic of Lithuania, the prosecutor shall send a notification of the end of a pre-trial investigation conducted in respect of a crime for which liability is provided under international treaties of the Republic of Lithuania and Article 7 of the Criminal Code or in respect of a crime causing substantial damage to the central liaison offices in foreign states as provided for in the international treaties of the Republic of Lithuania.

Article 219. Content of an indictment

An indictment shall indicate:

1) the name of a court which has jurisdiction over a case;

2) the forename and surname of a suspect, his date of birth, personal number, marital status, profession, place of employment, data on previous convictions; at a prosecutor’s discretion, other data may also be indicated;

3) a description of a criminal act: the place, time, manner of the commission of the criminal act, consequences and other relevant circumstances of the committed criminal act; data on a victim (forename, surname and date of birth); the circumstances mitigating and aggravating the suspect’s liability;

4) the data on which the charge is based;

5) the article (the paragraph and point thereof) of the Criminal Code of the Republic of Lithuania which provides for liability for the committed act;

6) the forename and surname of the defence counsel of the suspect if the suspect had a defence counsel during a pre-trial investigation;

7) the suspect’s position if the suspect disagrees with the suspicion;

8) the opinion of the prosecutor on the possibility of conducting in court the summary examination of evidence as provided for in Article 273 of this Code.

Article 220. Transmission of an indictment to a court

1. A prosecutor shall transmit an indictment together with the entire case file to a court which has jurisdiction over the case.

2. No longer effective from 31 December 2010.

3. Apart from the case file, the prosecutor shall submit to the court a list of addresses of the witnesses and experts who should be questioned at a trial and the personal data stored separately from other pre-trial investigation material.

4. Having drawn up the indictment, the prosecutor shall, prior to referring the case to court, serve a transcript of the indictment on an accused person against signature. The transcript of the indictment may, with the consent of the accused person, be sent to him by electronic means or may be served in an electronic medium.

5. If a suspect is on remand, the prosecutor must transmit the indictment together with the case file to the court not later than at least ten days before the expiry of the term of remand.

6. If the accused person is outside the territory of the Republic of Lithuania, the prosecutor shall send the transcript of the indictment in respect of a crime for which liability is provided under international treaties of the Republic of Lithuania and Article 7 of the Criminal Code or in respect of a crime causing substantial damage to the central liaison offices in foreign states as provided for in the international treaties of the Republic of Lithuania.

PART V

PROCEEDINGS IN A COURT OF FIRST INSTANCE

CHAPTER XVII

COMPOSITION AND JURISDICTION OF A COURT

Article 221. Composition of a court

1. In district courts, criminal cases shall be heard by a single judge, with the exception of cases when the chair of a district court or his deputy forms a judicial panel of three judges for the hearing of a case. In a district court composed of court chambers, a judicial panel shall be composed of the judges appointed to the same chamber of the court.

2. In regional courts, criminal cases shall be heard by a court of the composition provided for in Article 225(2) of this Code.

Article 222. Substitute judge

1. If the hearing of a criminal case takes a long time, a substitute judge may be appointed. A substitute judge shall be present in the courtroom from the commencement of the hearing of the case and, where the judge hearing the case is unable to participate in the proceedings, shall replace the judge.

2. If a substitute judge joining a judicial panel of three judges in lieu of a judge who withdrew does not request to repeat actions of the court or does not himself decide to do so in the case heard by a single judge, the hearing of the case shall be continued.

Article 223. Inalterability of the composition of a court in the course of hearing of a criminal case

Each criminal case must be heard by a court of the same composition. If, for any reason, one of the judges is unable to continue participating in a hearing, he must be replaced by another judge and the hearing of the case must commence from anew, with the exception of the cases provided for in Article 222 of this Code.

Article 224. Criminal cases falling within the jurisdiction of a district court

A district court shall have jurisdiction over all criminal cases, with the exception of those which fall within the jurisdiction of a regional court.

Article 225. Criminal cases falling within the jurisdiction of a regional court

1. A regional court shall have jurisdiction over the criminal cases in which persons are charged with serious and grave crimes, with the exception of the cases in which persons are charged with the crimes provided for in Article 135(1), Article 149(1), (2) and (3), Article 150(1), (2) and (3), Article 178(3), Article 180(2) and (3), Article 182(2) and Article 260(1) and (2) of the Criminal Code of the Republic of Lithuania, also jurisdiction over the cases in which accused persons were, at the time of commission of a criminal act, President of the Republic, Members of the Seimas or members of the Government, justices of the Constitutional Court, judges or prosecutors.

2. Criminal cases in which persons are charged with grave crimes punishable by a life custodial sentence as well as cases in which accused persons were, at the time of commission of a criminal act, President of the Republic, Members of the Seimas or members of the Government, justices of the Constitutional Court, judges or prosecutors shall be heard by a judicial panel of three judges of a regional court. Other criminal cases shall be heard by a single judge of a regional court, except for the cases when the chair of the regional court or the chair of the criminal division of the court forms a judicial panel of three judges for the hearing of the case.

3. A regional court shall have the right to admit for hearing every criminal case which falls within the jurisdiction of a district court of that region.

4. A regional court shall hear cases of the imposition of compulsory medical measures provided for in Chapter XXIX of this Code in accordance with the rules of jurisdiction laid down in paragraphs 1 and 2 of this Article.

Article 226. Territorial jurisdiction of criminal cases

1. A criminal case shall fall within the jurisdiction of a court in the territory of activities whereof a criminal act was committed.

2. Where a criminal act was committed on board a sea-going vessel or aircraft of the Republic of Lithuania and the rule of paragraph 1 of this Article cannot be applied, the case shall fall within the jurisdiction of a court in the territory of activities whereof the port of registration of the vessel or the airport of registration of the aircraft is located.

3. Where the place of commission of a criminal act cannot be identified or a criminal act was committed abroad, the case shall fall within the jurisdiction of a court in the territory of activities whereof the accused person permanently resides or, where he has no permanent place of residence in the Republic of Lithuania, a court in the territory of activities whereof the pre-trial investigation of the case was completed.

Article 227. Determination of jurisdiction in cases of multiple criminal acts

1. If criminal acts were committed in the territories of activities of several courts, a criminal case shall be heard by a court in the territory of activities whereof the most criminal acts was committed, and where an equal number of criminal acts was committed in the territories of activities of several courts, the case shall be heard by a court in the territory of activities whereof the last criminal act was committed. Where a criminal act was committed abroad, a criminal case shall be heard by a court in the territory of activities whereof a pre-trial investigation was completed.

2. Where a case in which one or more persons are charged with several criminal acts falls within the jurisdiction of a regional court in respect of at least one criminal act or a suspect, the case shall be heard by the regional court.

Article 228. Referral of a criminal case according to jurisdiction

1. Having established, prior to the hearing of a case at a trial, that the received criminal case does not fall within its jurisdiction, a court shall refer the case according to jurisdiction.

2. Having established at a trial that the case being heard falls within the jurisdiction of another court of the same level, a court shall hear it without referring it to another court.

3. A case whose hearing has been commenced at a trial by a regional court may not be referred to a district court. Having established at the trial that the case falls within the jurisdiction of the regional court, the district court shall in all cases refer it according to jurisdiction.

Article 229. Referral of a criminal case from a court having jurisdiction over it to another court or to another chamber of the court

1. In order to ensure the essential interests of national security, public policy or justice, a criminal case may be referred from a court having jurisdiction over it to another court or to another chamber of the court. On this ground, the case may be referred to another court or to another chamber of the court only until the hearing of the case is commenced at a trial.

2. The issue concerning the referral of a case from one court to another court or to another chamber of the court shall be resolved by:

1) the chair of a regional court within the territory of activities whereof these courts are located or the chair of the criminal division of this regional court – where the case is referred from one district court to another district court;

2) the President of the Court of Appeal of Lithuania or the chair of the Criminal Division of the Court – where the case is referred from a district court of one region to a district court of another region or from one regional court to another regional court;

3) the chair of a district court – where the case is referred to another chamber of that court.

Article 230. Settlement of court disputes over the jurisdiction of cases

Disputes between courts concerning the jurisdiction of cases shall be settled by the chair of a higher court or the chair of the criminal division of the court.

CHAPTER XVIII

PREPARATION OF A CASE FOR HEARING IN COURT

Article 231. Appointment of judges to hear a case

1. The chair, the deputy chair of a court or the chair of the criminal division of the court shall, within two days from the receipt of a case by the court, appoint a judge who will prepare the case for hearing in court and, after referring it for hearing at a trial, will hear the case. Having accessed the case file, the appointed judge shall issue one of the rulings provided for in Article 232 of this Code, with the exception of the case provided for in Article 235(2) of this Code.

2. If a case must be heard at a trial by a judicial panel of three judges, other judges, including a substitute judge, may be appointed also after the expiry of the time limit provided for in paragraph 1 of this Article, but not later than seven days before the commencement of the trial.

Article 232. Rulings issued during the preparation of a case for hearing in court

During the preparation of a case for hearing in court, the following rulings shall be issued:

1) refer the case for hearing at a trial;

2) refer the case according to jurisdiction;

3) refer the case to a prosecutor;

4) split the case into several cases or several cases join into a single case;

5) to stay the hearing of the case;

6) to assign to a pre-trial investigation judge or to a prosecutor the performance of the procedural action provided for in Sections Two, Three, Four and Five of Chapter XIV of this Code or organisation of the performance of this procedural action;

7) to dismiss the case.

Article 233. Referral of a case for hearing at a trial

1. Having accessed a case file and established that there are no obstacles to hearing the case in court, a judge shall refer the case for hearing at a trial.

2. When referring the case for hearing at the trial, the issue of splitting the case or joining cases may be resolved by the same ruling.

3. When referring the case for hearing at the trial, the judge shall, in his ruling, formulate a decision to refer the case for hearing at the trial, indicate the forename and surname of the accused person, an act with the commission whereof he is charged and a criminal law providing for that criminal act, decide what persons to be summoned to the trial as an accused person, his legal representative, a victim, a civil claimant, a civil defendant and their representatives, also as witnesses, experts and professionals. The ruling may also indicate the place and date of the hearing of the case or contain a decision to hear the case according to a schedule of trial agreed and fixed in advance. If the accused person, as provided for in Article 218(2) of this Code, has expressed his consent to summary examination of evidence, the judge may decide to summon to the trial only the accused person and his defence counsel and to notify other parties to the proceedings only of the date and place of the scheduled hearing and their right to participate in the hearing. This decision of the judge shall not preclude the court from subsequently deciding to conduct full examination of evidence.

4. In addition, the judge shall, by the same ruling, resolve the requests received, also decide on the appointment of a defence counsel, calling in of an interpreter, imposition, replacement or lifting of a supervision measure, with the exception of remand, and other procedural coercive measures on the accused person, hearing of the case in closed court.

5. The court shall decide on the imposition, extension, replacement or lifting of the supervision measure of remand in accordance with the provisions of Chapter XI of this Code. A prosecutor and a defence counsel shall participate in the court hearing. The accused person, if held on remand, shall be delivered to the hearing. Participation in the court hearing of the accused person on remand may be ensured by audiovisual transmission. The court/judge shall, without delay, notify the accused person of imposition of remand in accordance with the procedure laid down in Article 128(1), (3) and (4) of this Code.

Article 234. Referral of a case according to jurisdiction, splitting of a case, stay of the hearing of a case

1. A case shall be referred according to jurisdiction in accordance with the rules laid down in Articles 224-229 of this Code.

2. A case shall be referred to a prosecutor where an indictment which is materially inconsistent with the requirements of Article 219 of this Code is drawn up during a pre-trial investigation or there are other material infringements of criminal procedure which preclude the hearing of the case.

3. A case may also be referred to a prosecutor at his request to supplement a pre-trial investigation. When referring the case to the prosecutor, a court shall lay down a specific time limit for remedying irregularities or supplementing the pre-trial investigation. Having remedied the irregularities or supplemented the pre-trial investigation, the prosecutor shall refer the case to the court in accordance with the procedure laid down in Articles 218 and 220 of this Code.

4. A case may be split into several cases where this speeds up the hearing of the cases thus split.

5. The hearing of a case shall be stayed where:

1) an accused person was injured or contracted a serious illness and, as a result, is unable to participate in a trial – until he recovers;

2) the whereabouts of an accused person are unknown – until they become known, except for the cases when the case is heard in accordance with the procedure laid down in Chapter XXXII of this Code;

3) a referral is made to the Constitutional Court in the cases provided for by law – until the receipt of a ruling of the Constitutional Court;

4) a referral is made, in the cases provided for by law, to the competent judicial institution of the European Union regarding the interpretation or validity of legal acts of the European Union – until the receipt of a preliminary ruling of that institution.

Article 235. Dismissal of a case

1. A case shall be dismissed in the presence of the circumstances provided for in Article 3(1) of this Code which preclude the proceedings or there are grounds for releasing a person from criminal liability as provided for in Articles 36-40 and 93 of the Criminal Code of the Republic of Lithuania. In the presence of the circumstance provided for in Article 3(1)(2) of this Code, a criminal case shall be dismissed only where an accused person does not request continuation of the criminal proceedings. Where the criminal case is dismissed, the application of procedural coercive measures shall also be discontinued, the accused person, if held on remand, shall be released without delay from a pre-trial detention facility, and the issue of material evidence shall also be resolved.

2. Issues concerning the dismissal of a case shall be considered at a court hearing. This hearing shall be attended by a prosecutor, an accused person, a defence counsel, a victim and his representative. If the accused person has not chosen his defence counsel, the latter shall be appointed by a judge. If the case should be heard at a trial by a judicial panel of three judges, the issue of the dismissal of the case must be decided by that panel.

3. At the court hearing, the judge shall make a report on the issue under consideration. The prosecutor and the defence counsel shall speak next. Other persons attending the hearing shall also have the right to speak at the hearing. A ruling to dismiss the case shall be issued by the judge or the judicial panel in the deliberation room. During the hearing, the clerk of the court hearing shall draw up a record.

Article 236. Summons for trial

1. Participants in the hearing in court, as well as witnesses, experts, professionals and interpreters shall be summoned for trial. The content of a summons for trial shall be specified in Article 182 of this Code.

2. If there many victims or civil claimants in the case, they may be notified of the date of the hearing of the case in court on a special website and at the e-mail addresses indicated by parties to the proceedings.

3. If it is envisaged that the hearing of a case in court will take a long time, a judge may issue an ordinance to summon the parties to proceedings referred to in paragraph 1 of this Article at a later time than the beginning of a hearing.

Article 237. Access to a criminal case

1. A prosecutor, an accused person, a legal representative, a defence counsel as well as a victim, a civil claimant, a civil defendant and their representatives shall, from the receipt of a case in court, have the right of access to the case file additionally received after the drawing up of an indictment and, within the time limit laid down by a judge, also to other case file and to make excerpts or copies thereof.

2. If an accused person is on remand, his defence counsel shall access the case file referred to in paragraph 1 of this Article. The defence counsel shall have the right to make extracts or copies thereof. If the accused person waives defence counsel, the accused person himself shall have the right to access the case file, to make extracts or copies thereof. A court shall appoint a defence counsel for the accused person who has no defence counsel. Having accessed the said case file or made extracts or copies thereof, the defence counsel shall announce to the accused person about the case file and notify the court thereof.

3. Parties to proceedings shall have the right to access the case file, with the exception of personal data stored separately from other pre-trial investigation material, make extracts or copies thereof also after the expiry of the time limit provided for in paragraph 1 of this Article, provided that this does not preclude the hearing of the case in court.

Article 238. Hearing of requests

1. A judge shall hear the requests received from parties to proceedings and other persons regarding permission to participate in the hearing of a case, a civil claim and measures of securing thereof, evocation of additional evidence and other requests when deciding the issue of referral of the case for hearing at a trial and shall hear the requests received at a later stage of the proceedings when they are received. If the requests are rejected, a reasoned ruling shall be issued to that effect. Transcripts of the ruling shall be sent without delay to a prosecutor and to a defence counsel.

2. Requests which have been rejected, left unheard on grounds of being insufficient in substance or having been received late may be resubmitted at a trial.

3. If a request to question a witness whereto anonymity is to be applied is granted when referring a case for hearing at a trial or in the course of preparation for hearing in court, anonymity shall be applied to this witness and he shall be questioned by a pre-trial investigation judge in compliance with the rules laid down in Articles 201-204 of this Code. The judge hearing the case shall decide on the summoning of such witnesses to the trial.

4. If a request to apply partial anonymity to a witness or a victim is received when referring a case for hearing at a trial or in the course of preparation for hearing in court, a court may, by a ruling, apply partial anonymity and determine the extent of classification of data. In this case, procedural actions provided for in this Code shall be performed and documents in the file shall be drawn up in accordance with the procedure laid down in Article 1991 of this Code.

Article 239. Actions of a pre-trial investigation judge

1. By a ruling of a judge preparing a case for hearing in court, a pre-trial investigation judge shall, after the case has been referred for hearing at a trial, perform the following actions:

1) question a person who must give testimony in court, if there is evidence that he will not be able to participate in the trial on grounds of illness or for other compelling reasons;

2) question a minor witness or a minor victim or a victim with special protection needs, if it is not planned to summon them to the trial but it is necessary to additionally question them;

3) perform the procedural action provided for in Sections Two, Three, Four and Five of Chapter XIV of this Code or organise the performance of this procedural action, if it is impossible to perform such actions in court for any reason or this would significantly impede the hearing of the case.

2. The questioning referred to in paragraph 1 of this Article shall be conducted in accordance with the rules laid down in Articles 184 and 186 of this Code.

Article 240. Time limits for the referral of a case and commencement of the hearing of the case at a trial

1. A judge must decide on the referral of a case for hearing at a trial not later than within 15 days from the receipt of the case in court if an accused person is held on remand or within one month if the accused person is not in custody.

2. The hearing of the case at the trial must commence not later than within 20 days from the issue of the judge’s ruling to refer the case for hearing at the trial.

3. The hearing of complex or large-volume cases as well as cases heard according to a schedule of trial agreed and fixed in advance must commence not later than within three months from the issue of a court ruling to refer a case for hearing at a trial.

CHAPTER XIX

GENERAL PROVISIONS ON HEARING IN COURT

Article 241. Lead of hearing in court

1. The hearing of a case in court shall be led by the presiding judge of a trial. He shall be appointed to cases heard before judicial panels by the chair of the court or the chair of the criminal division of the court. A single judge hearing a case shall have all the rights and duties of the presiding judge of a trial.

2. The presiding judge of a trial shall take all measures provided for by law in order to conduct a thorough and impartial examination of the circumstances of a case. He shall exclude from the hearing of the case anything which is not related to the case and which unreasonably impedes the hearing of the case.

3. If any of the persons participating in the hearing of the case objects to actions of the presiding judge of the trial, these objections shall be entered in a record of the trial.

Article 242. Direct and oral hearing in court

1. When hearing a case, a court of first instance must directly examine the evidence of the case: question accused persons, question victims, witnesses, hear the conclusions and clarifications of experts and professionals summoned to a court hearing, visually inspect material evidence, read out loud records and other documents.

2. The persons questioned at a trial shall give their testimony and provide clarifications orally.

3. A procedure for examining evidence other than provided for in paragraphs 1 and 2 of this Article may be observed only in exceptional cases provided for by law.

Article 2421. Duty to hear a case within the shortest possible time

1. A court must ensure that a criminal case is heard in court within the shortest possible time and must seek that the case is heard with as few adjournments as possible in a trial.

2. Where a court hearing a case fails, within the time limits laid down by law, to perform the procedural actions which must be performed under this Code, parties to proceedings shall have the right to refer to a higher court with a request to lay down a time limit for performing such procedural actions. The request shall be submitted through the court hearing the case, which must resolve the issue of admission of the request not later than on the next working day following the receipt of the request. If, within seven working days from the receipt of the request, the court in respect of whose failure to perform procedural actions the request has been submitted performs the relevant procedural actions, the request of the party to the proceedings shall be deemed to have been granted. Otherwise, the request shall be referred to a higher court within seven working days from the receipt thereof.

3. The request referred to in paragraph 2 of this Article shall, as a rule, be considered in the higher court under the written procedure without notifying the parties to the proceedings of the date and place of the hearing and without calling them in to the hearing. The consideration of the request must be completed not later than within seven working days from the receipt thereof by the higher court. The chair of the higher court, the chair of the criminal division of the court or a judge appointed by them shall consider the request and issue a ruling thereon. This ruling shall not be subject to appeal.

Article 243. Adjournments of hearing in court

1. Adjournment of a trial may not be announced until completion of the hearing of a case, except for adjournments to allow rest, repeat summoning of persons who did not appear for a hearing, evocation of new evidence or adjournment for other compelling reasons.

2. Adjournment of a trial may not last for longer than one month. Where, for reasons provided for in Article 37 of this Code, an accused person or any other person summoned to the trial is unable to appear at the trial at the fixed time, the adjournment of the trial may be extended by a ruling of a court, but not more than once. This ruling may also be issued without holding a court hearing. In such cases, the hearing of the case shall continue according to a schedule of trial agreed and fixed in advance or at another fixed time, but not later than one month after the issue of the court ruling referred to in this paragraph.

3. In the cases when adjournment of a trial must be announced prior to completion of an expert examination, an examination by a professional, as ordered by a court, or execution of a request for legal aid submitted to a foreign state, also where the court assigns to a prosecutor or a pre-trial investigation judge the task of performance of the procedural actions provided for in this Code or where it is known in advance that the reasons for the announcement of the adjournment will not disappear within the time limit laid down in paragraph 2 of this Article, the adjournment of the trial may not last longer than one month after the performance of the actions provided for or the disappearance of the reasons for which the adjournment was announced.

Article 244. Stay of the hearing of a case

1. Where a case cannot be heard at a trial because of the failure of any of the summoned persons to appear, the hearing of the case must be stayed, but no longer than for one month.

2. The hearing of a case shall also be stayed in the cases provided for in points 3 and 4 of Article 234(5) and Article 254(2) of this Code.

3. If the hearing of a case has been stayed, the hearing in court shall commence from anew.

Article 245. Persons participating in the hearing of a case in court

1. The hearing of a case in court shall be held in the presence of a prosecutor, a victim and his representative, an accused person, his legal representative and defence counsel, a civil claimant, a civil defendant and their representatives who have been summoned by the court.

2. Several prosecutors may participate in the hearing of the case in court, and one accused persons may be defended by several defence counsels.

Article 246. Participation of an accused person in the hearing of a case in court

1. A case shall be heard at a hearing of a court of first instance in the presence of an accused person. The accused person shall be under the obligation to appear before the court. The hearing of the case in the absence of the accused person shall be permitted only if the accused person is outside the territory of the Republic of Lithuania and evades appearing before the court. Participation in a court hearing of an accused person who is unable to appear before the court in which the case is being heard or who is held in an arrest house, a pre-trial detention facility or a correctional facility may be ensured by audiovisual transmission.

2. Where the accused person does not participate in the court hearing in the case provided for in paragraph 1 of this Article, the hearing of the case shall be conducted in accordance with the general procedure, except for the cases specified in Chapter XXXII of this Code.

Article 247. Consequences of the failure to appear of an accused person

If an accused person fails to appear at a trial, adjournment of the trial shall be announced or the hearing of the case shall be stayed, with the exception of the case provided for in Article 246(1) of this Code. The court shall have the right to deliver the accused person who has failed to appear, as well as to impose on him a supervision measure or to replace it by a more severe measure.

Article 248. Procedure for an accused person’s participation in a trial

1. When appearing at a trial, an accused person may not leave the courtroom, except during breaks.

2. Where there are several accused persons in a case, a court may temporarily permit one or more accused persons, their legal representatives and defence counsel not to participate in the examination of evidence which is not related to these accused persons. In addition, victims, their representatives, civil claimants and civil defendants, their representatives, experts and professionals may be permitted not to participate in the examination of evidence.

3. If an accused person who has already given his testimony leaves the courtroom without a permission of the presiding judge of a trial, a court shall have the right to complete the hearing of the case in his absence. However, the court may recognise that the accused person must continue to participate in the trial. In this case, adjournment of the trial shall be announced or the hearing of the case shall be stayed.

4. If an accused person leaves the courtroom without a compelling reason or fails to appear at a trial when called in at a later date, a court shall have the right to apply the measures provided for in Article 247 of this Code.

Article 249. Consequences of the failure to appear of the legal representative of an accused minor

Failure to appear of the legal representative of an accused minor shall not have suspensory effect on the hearing of a case unless a court recognises that his participation is necessary.

Article 250. Consequences of the failure to appear of a prosecutor or a defence counsel

1. If a prosecutor or a defence counsel fails to appear and there is no possibility to replace them at a court hearing, adjournment of the trial shall be announced or the hearing of the case shall be stayed. Replacement of the defence counsel who has failed to appear at the trial shall be permitted in compliance with the requirements of Article 50 of this Code.

2. A prosecutor or a defence counsel who has newly joined the proceedings must be given time to prepare for participation in the hearing of the case in court.

Article 251. Consequences of the failure to appear of a victim or his representative

If a victim or his representative fails to appear, a court shall decide whether to hear the case, whether to adjourn the trial or to stay the hearing of the case, taking into account whether it is possible to thoroughly investigate all circumstances of the case without the presence of the victim or his representative and to defend the interests of the victim.

Article 252. Consequences of the failure to appear of a civil claimant, a civil defendant or their representative

1. If a civil claimant or his representative fails to appear, a court shall leave the civil claim unheard. In this case, a person who suffered damage as a result of a criminal act shall have the right to file a claim under civil procedure.

2. A court shall have the right to hear a civil claim in the absence of a civil claimant where it is considered that this is necessary or where there is a request of the civil claimant to hear the claim in the absence of the civil claimant.

3. Failure of a civil defendant or his representative to appear shall not have suspensory effect on the hearing of a civil claim.

Article 253. Court rulings

1. A court shall resolve the issues arising during the hearing of a case in court by issuing rulings after hearing the opinions of the persons participating in the hearing of the case.

2. The court shall decide whether to draw up the rulings as separate documents and issue them in the deliberation room or to issue them in the courtroom and to enter them in the record of the trial.

3. Rulings issued during the hearing of a case in court must be pronounced loud.

Article 2531. Instruction to prepare a social investigation report

1. Having regard to the request of a prosecutor, an accused person or his defence counsel, a judge may, of his own motion, assign to a probation service the task of preparation of a social investigation report. At the same time, a court shall lay down a time limit of at least 20 working days for the preparation of the social investigation report.

2. If an accused person disagrees or evades submitting the information necessary for the preparation of a social investigation report, a relevant entry shall be made in the social investigation report.

Article 254. Splitting of a case, joining and dismissal of cases or referral to a prosecutor

1. A court may, in the course of hearing of a case before the court, split the case into several cases or join several cases into one in the case provided for in Article 234(4) of this Code.

2. When there are several accused persons in a case, the case may be split and its hearing may be stayed for some of the accused persons and continued for other accused persons. However, if separate hearing compromises the completeness of the hearing in court, the hearing of the entire case shall be stayed.

3. Where it is established during the hearing in court that an indictment is materially inconsistent with the requirements of Article 219 of this Code or there are other material infringements of criminal procedure which preclude the hearing of the case, the case shall be referred to a prosecutor. The case may also be referred to the prosecutor at his request, where it is necessary to supplement the pre-trial investigation. When referring the case to the prosecutor on grounds of commission of the infringements of criminal procedure or supplementation of the investigation, the court shall lay down a specific time limit for rectifying the infringements or supplementing the pre-trial investigation. The prosecutor must, within the time limit laid down by the court, rectify the infringements or supplement the pre-trial investigation and draw up an indictment or draw up a decision to terminate the pre-trial investigation. The prosecutor may, in accordance with the procedure laid down in Article 215(5) of this Code, submit to a pre-trial investigation judge a request for extension of the time limit laid down for completion of the pre-trial investigation.

4. In the course of hearing of a case in court and when the circumstances provided for in points 2-7 of Article 3(1) of this Code are identified, the case shall be dismissed by a court ruling. In the presence of the circumstance provided for in Article 3(1)(2) of this Code, the criminal case shall be dismissed by a court ruling only if an accused person does not request continuation of the criminal proceedings.

5. In the course of hearing of a case in court and when the grounds for release from criminal liability as provided for in Articles 36-40, Article 93, Article 114(3), Article 147(3), Article 1471(3), Article 1472(2), Article 157(3), Article 1891(2), Article 226(6), Article 227(6), Article 259(3) and Article 291(2) and (3) of the Criminal Code of the Republic of Lithuania are identified, the case shall be dismissed by a judgment.

Article 255. Limits of hearing in court

1. A case shall be heard in court only in respect of those accused persons and criminal acts in respect whereof it has been referred for hearing at a trial.

2. An accused person may not be convicted of a criminal act which has been reclassified or of a criminal act the factual circumstances whereof differ substantially from those listed in an indictment, unless he has been given prior notice of such a possibility at a trial.

Article 256. Change of the material factual circumstances of an act alleged in an indictment and its classification in court

1. A prosecutor and a victim shall, before completion of the examination of evidence in court, have the right to submit a written request to change the factual circumstances of an act alleged in an indictment to substantially different factual circumstances. The request must set out these substantially different factual circumstances. Upon receipt of such a request, also in the event that there are grounds for believing that the factual circumstances of the act alleged in the indictment may be changed to substantially different ones, the court shall, without delay, notify thereof participants in the hearing in court. Upon receipt of the request of the prosecutor or the victim to change the factual circumstances of the act alleged in the indictment to substantially different ones, transcripts of this request shall be served on the participants in the hearing in court. Upon completion of the hearing of the criminal case, the factual circumstances of the act alleged in the indictment may be retained in the judgment.

2. A prosecutor and a victim shall, before completion of the examination of evidence in court, have the right to submit a written request to change the classification of an act alleged in an indictment. Upon receipt of such a request, also in the event that there are grounds for believing that the classification of the act alleged in the indictment may be changed, the court shall, without delay, notify thereof participants in the hearing in court. Upon receipt of the request of the prosecutor or the victim to change the classification of the act alleged in the indictment, transcripts of this request shall be served on the accused person, his defence counsel and other participants in the hearing in court. Upon completion of the hearing of the criminal case, the accused person may be found guilty also on the basis of the classification of the act as set out in the indictment.

3. In the cases referred to in paragraphs 1 and 2 of this Article, the court shall notify the accused person and his defence counsel of the right to request adjournment in order to prepare for defence. Having granted such a request, the court shall fix a specific period of adjournment.

4. Where an accused person is outside the territory of the Republic of Lithuania and in the cases referred to in paragraphs 1 and 2 of this Article, a court notification in cases in respect of crimes for which liability is provided under international treaties of the Republic of Lithuania and Article 7 of the Criminal Code or in respect of crimes causing substantial damage shall be sent to the central liaison offices in a foreign state provided for in the international treaties of the Republic of Lithuania.

Article 257. Sending of a court ruling or a judgment to a prosecutor’s office of the Republic of Lithuania

1. If it transpires during the hearing in court that an accused person may have committed another criminal act which was not indicated in an indictment, also that the criminal act may have been committed by another person, the court shall notify a prosecutor thereof by a reasoned ruling.

2. Having established that material infringements of this Code were committed in the course of a pre-trial investigation, a court shall send a transcript of a judgment, a ruling or a separate ruling to the Prosecutor General’s Office of the Republic of Lithuania.

Article 258. Order of trial

1. When the court enters or leaves the courtroom, all persons present in the courtroom shall stand up.

2. Parties to proceedings shall address the court and give their testimony and provide clarifications while standing. If one of the parties to the proceedings is ill, the presiding judge of the trial may allow him to address the court, give testimony or provide clarifications while sitting.

3. The order of trial in the courtroom shall be ensured by the presiding judge of the trial.

Article 259. Measures applicable to persons who violate the order of trial

1. An accused person who, disregarding a warning issued by the presiding judge of a trial, repeatedly violates the order of trial or shows contempt of court may, by a ruling of the court, be temporarily or permanently removed from the courtroom. Where the accused person is allowed to return to the courtroom during the examination of evidence, the presiding judge of the trial shall notify of the evidence examined during his absence and shall grant the right to provide clarifications thereon. A judgment shall be pronounced in the presence of the accused person or read out to him immediately after its pronouncement.

2. A prosecutor or a defence counsel who, after having been warned by the presiding judge of the trial, repeatedly violates the order of trial or shows contempt of court may, by a ruling of the court, be removed from participation in the hearing of the case in court. In this case, the hearing of the case shall be stayed or the trial shall be adjourned until the removed prosecutor or defence counsel is replaced.

3. Other participants in the hearing in court who, after having been warned by the presiding judge of the trial, repeatedly violate the order of trial or show contempt of court may be removed from the courtroom by a ruling of the court and persons other than participants in the hearing in court – by an ordinance of the presiding judge of the trial.

4. Participants in the hearing in court or persons not participating in the hearing of the case who fail to obey a court or to comply with a decision of the presiding judge of a trial to remove them from the hearing of the case or to remove them from the courtroom or who comply therewith but do so by making noise or showing other contempt of court may be punished without delay by a fine or arrest in accordance with Article 163 of this Code. Arrest may not be imposed on a prosecutor or a defence counsel.

Article 260. Procedure for using technical means at a trial

1. In order to record a trial, a court may use any technical means.

2. Participants in the hearing in court may use audio recording devices which do not interfere with the conduct of the trial and use an audio recording made by using these devices solely for the purpose of exercising their procedural rights. The participants in the hearing in court must notify the presiding judge of the trial of the audio recording being made.

3. At a person’s request, the court shall, for the purpose of providing information to the public or for scientific or training purposes, permit the pronouncement of a court decision to be broadcast, filmed, photographed, to make an audio or video recording thereof, and to use other technical means in compliance with the requirements set out in this Article and other legal acts. The court shall not permit the use of technical means where this may interfere with the work of the court, show disrespect for the court or where it is necessary to protect the rights of other persons or other interests protected by law. The court’s permission shall not be required where an audio recording of the pronouncement of the court decision is made in accordance with paragraph 2 of this Article. The Judicial Council shall establish a procedure for and conditions of submission and hearing of requests of persons to permit the use of technical means during the pronouncement of a court decision, also a procedure for and conditions of the use of these technical means and a procedure for issuing court permissions to use results obtained from the use of technical means.

4. Results obtained from the use of technical means may be used only by a person indicated in a court permission for the purposes, in the ways and under the conditions specified in the court permission. A person, as indicated in the court permission, who wishes to permit the use of results obtained from the use of technical means by another person or to use them for the purposes, in the ways and under the conditions other than those indicated in the court permission must, in accordance with the procedure specified by the Judicial Council, obtain a new court permission. The results of the use of technical means may not be used in such a way as to violate the rights of other persons or other interests protected by law or to distort the content or substance of the court decision, nor may they be used for the purposes of political or other advertising, satire, entertainment or for any other purposes incompatible with respect for the court. The requirements set out in other laws for the provision of information to the public, protection of personal data, protection of the right to inviolability of private life and of a person’s honour and dignity shall also apply to results obtained from the use of technical means and their use.

5. In cases other than those specified in this Article, it shall be prohibited during a court hearing to film, photograph, make audio or video recordings, broadcast the hearing and use other technical means.

6. Persons who have violated the procedure laid down in this Article shall be warned or removed from the courtroom by the presiding judge of the trial, and the penalties provided for in Article 259(4) of this Code shall be imposed on the persons who have not complied with the decision of the presiding judge of the trial or who have complied therewith but have done so by making noise or showing other contempt of court. Persons who have violated the requirements applicable to the use of results obtained from the use of technical means at a court hearing shall be held liable under law.

Article 261. Record of a trial

1. A record of a trial must indicate: the place and date of the hearing (when it commenced and ended); the name and composition of the court, the clerk, the interpreter, participants in the hearing in court and other persons summoned by the court; the case being heard; the supervision measure imposed on the accused person; personal data of the accused person; actions of the court in the order in which they were performed; motions and requests of the participants in the hearing in court, witnesses, experts and other persons; rulings issued by the court in the courtroom; a reference to the issue of rulings in the deliberation room; the fact of instruction of the accused person and other participants in the hearing court as to their rights and duties; the content of the testimony of the accused person, victims and witnesses, the surname, forename and year of birth of these persons, as well as the content of conclusions of experts and professionals; results of visual inspections and other evidence-gathering and examination actions performed at the trial; the content of everything that the participants in the hearing in court have requested to be entered in the record; facts of violation of the order of trial in the courtroom and the violators, as well as ordinances of the presiding judge of the trial in accordance with Article 259(3) of this Code; a brief description of the content of the closing speeches of the participants in the hearing in court; a brief description of the content of the final plea of the accused person; a reference to the pronouncement of the judgment and instruction as to the procedure and time limit for appealing against the judgment.

2. At the request of the participants in the hearing in case, the persons’ testimony, clarifications or motions shall, either totally or in part, be entered in the record of the trial word for word by an ordinance of the presiding judge of the trial. In this case, the persons who gave testimony or provided clarifications, filed motions or submitted requests during the hearing of the case in court shall have the right to read in the record of the trial the entries concerning their testimony, clarifications, motions or requests, to request to supplement the record, to make amendments thereto and to confirm the authenticity of the entries in the record by affixing their signature thereto.

3. An audio recording shall be made at each trial. A note of making the audio recording of the trial shall be entered in the record of the trial. The audio recording of the trial shall be appended to the record of the trial and shall constitute an integral part of the record of the trial. The participants in the hearing in court shall have the right to access the audio recording of the trial and to make copies thereof.

4. A verbatim record of a trial may be made. In this case, a verbatim transcription shall be equivalent to a record of the trial.

5. A record of a trial or a part thereof recording the actions performed prior to adjourning the trial or staying the hearing of the case must be signed without delay and not later than within three days after the end of the trial, the announcement of the adjournment of the trial or the stay of the hearing of the case, while in large-volume cases the record must be drawn up not later than within seven days after the end of the trial or a part thereof.

6. The record shall be signed by the presiding judge of the trial and the clerk.

7. Within three or, in large-volume cases, within seven days after signing the record of the trial or a part thereof recording the actions performed prior to the adjournment of the trial or the stay of the hearing of the case, the participants in the hearing in court may access the complete record of the trial or the part thereof recording the actions performed prior to the adjournment of the trial or the stay of the hearing of the case and submit their observations, also point out the incorrectness or incompleteness of the record or the part thereof. The presiding judge of the trial shall examine the submitted observations and, if he agrees with them, shall confirm their correctness and append them to the record of the trial or the part thereof.

8. If the presiding judge of the trial does not agree with observations, they shall be presented for examination at a court hearing, while observations regarding the cases heard by a judicial panel of three judges – to the same judges who heard the case concerned. If the same composition of the court is not possible, two judges must be from among the persons who heard the case. The participants in the hearing in court who have submitted the observations shall be called in to this court hearing.

9. Having considered the observations, the court shall issue a reasoned ruling to confirm their correctness or to reject them. The observations concerning the record of the trial and the ruling of the court shall be appended to the record.

CHAPTER XX

PREPARATORY PART OF A TRIAL

Article 262. Commencement of a trial

1. The presiding judge of a trial shall, at the time fixed for the hearing of a criminal case, commence the trial and announce what case will be heard.

2. Having been given the floor by the presiding judge of the trial, the clerk of the hearing shall inform the court of the fact of appearance of participants in the hearing in court, witnesses, experts, professionals and interpreters, as well as reasons for failure to appear of those who have not appeared.

Article 263. Instruction of an interpreter as to his duties

1. The presiding judge of a trial shall instruct an interpreter as to the duty to translate the content of testimony, motions, documents read out in court as well as ordinances of the presiding judge and court decisions to the parties to the proceedings who do not speak the Lithuanian language. Moreover, the presiding judge of the trial shall warn the interpreter of liability for refusing to perform his duty without compelling reasons pursuant to Article 163 of this Code and of liability for a false translation or a translation known to be incorrect pursuant to Article 235 of the Criminal Code of the Republic of Lithuania.

2. An interpreter who has not previously taken an oath shall take the oath and sign the text of the oath, with the exception of the cases when he takes the oath using information and electronic communications technologies (video conferencing). The person taking the oath shall have the right to choose one of the following texts of the oath:

1) ‘I, (forename, surname), swear to conscientiously perform the duties of an interpreter. So help me God.’;

‘I, (name, surname), swear to conscientiously perform the duties of an interpreter’.

Article 264. Removal of witnesses from the courtroom

Appearing witnesses shall be removed from the courtroom. The presiding judge of a trial shall take measures to prevent the witnesses questioned by the court from communicating on the premises of the court with the witnesses not yet questioned.

Article 265. Identification of an accused person

The presiding judge of a trial shall identify an accused person by asking his forename, surname, date of birth, place of birth, place of residence, occupation, education, family status, previous convictions, as well as other data characterising the accused person.

Article 266. Resolution of the issue of whether a case can be heard if one of the summoned persons fails to appear for a hearing

1. Where an accused person, his legal representative, a prosecutor or a defence counsel, a victim, a civil claimant, a civil defendant or their representative fails to appear at a trial, a court shall, acting in compliance with the provisions of Articles 246-252 of this Code, decide whether to continue the hearing of the case or to stay the hearing thereof.

2. If a witness, an expert or a professional fails to appear at a trial, a court shall decide whether to hear the case or to stay the hearing thereof, taking into account whether all circumstances of the case may be thoroughly examined in the absence of these persons, or shall adjourn the trial for the purpose of calling in these persons.

3. In the event that the court issues a ruling to stay the hearing of the case or announces the adjournment of the trial, it may question the witnesses, experts, professionals, victims who have appeared and hear civil claimants, civil defendants or their representatives. At later stages, the witnesses, experts, professionals, civil claimants, civil defendants or their representatives who have already been questioned shall be summoned to the trial only in necessary cases.

Article 267. Announcement of the composition of a court

1. The presiding judge of a trial shall announce the surnames of judges hearing the case, prosecutors, the defence counsel, representatives, experts, professionals, interpreters and the clerk of the hearing and shall ask participants in the hearing in court whether they challenge these persons.

2. Challenge shall be effected in accordance with the rules laid down in Articles 58, 59 and 61 of this Code.

Article 268. Instruction as to rights and duties

The presiding judge of a trial shall instruct an accused person, his legal representative, a victim, a civil claimant, a civil defendant and their representatives as to their rights and duties as stipulated in this Code.

Article 269. Instruction of an expert and a professional as to their rights and duties

1. The presiding judge of a trial shall instruct an expert and a professional as to their rights and duties, also warn them of liability for refusing to perform their duty without compelling reasons pursuant to Article 163 of this Code and of liability for providing a false conclusion and clarifications pursuant to Article 235 of the Criminal Code of the Republic of Lithuania.

2. An expert who has not previously taken an oath shall take the oath and sign the text of the oath, with the exception of the cases when he takes the oath using information and electronic communications technologies (video conferencing). The person taking the oath shall have the right to choose one of the following texts of the oath:

1) ‘I, (forename, surname), swear to conscientiously perform the duties of an expert. So help me God.’;

‘I, (forename, surname), swear to conscientiously perform the duties of an expert’.

3. A professional shall take an oath and sign the text of the oath, with the exception of the cases when he takes the oath using information and electronic communications technologies (video conferencing). The person taking the oath shall have the right to choose one of the following texts of the oath:

1) ‘I, (forename, surname), swear to conscientiously perform the duties of a professional. So help me God.’;

‘I, (name, surname), swear to conscientiously perform the duties of a professional’.

Article 270. Submission and resolution of requests

1. When concluding the preparatory part of a trial, the presiding judge of the trial shall ask participants in the hearing in court whether they intend to submit requests to summon new witnesses, experts or to evoke other evidence. When submitting a request, a participant in the hearing in court must indicate the circumstances which require new evidence.

2. A court shall issue a ruling regarding each request. Rejection of the request shall not deprive the person whose request has been rejected of the right to submit it at a later stage of the examination of evidence.

3. The court shall have the right to decide, of its own motion, to call in new witnesses, experts, professionals, also to evoke other evidence.

CHAPTER XXI

EXAMINATION OF EVIDENCE

Article 271. Commencement of the examination of evidence

1. Examination of evidence shall commence by reading of an indictment. A prosecutor shall read it aloud. If the indictment is large, the prosecutor may present its content in abridged form by indicating the substance of the charges.

2. The presiding judge of a trial shall subsequently ask an accused person if he understands the charges and, if necessary, shall instruct the accused person as to the substance of these charges and shall ask whether he pleads guilty. The accused person shall have the right to state reasons for his response.

Article 272. Questioning of an accused person

1. After an accused person replies to the charges against him, the presiding judge of a trial shall instruct him as to the right to provide clarifications, to answer questions or to remain silent and/or to refuse to give testimony of a criminal act allegedly committed by him. Moreover, the presiding judge of the trial shall explain that at the trial, the accused person has the right to pose questions to the persons being questioned, to express his opinion regarding the requests submitted by other participants in the hearing in court and to provide clarifications regarding the evidence under examination.

2. If several accused persons participate in the hearing of the case in court and they wish to give testimony, the order of giving testimony shall be established by the court after hearing the opinion of the accused persons and their defence counsel.

3. The questioning of the accused person shall commence with a proposal of the presiding judge of the trial to give testimony on the charges and the circumstances of the case known to the accused person.

4. At the request of the participants in the hearing in court or of the court’s own motion, the questioning of a minor accused person shall be attended by a psychologist, who shall assist in questioning the minor taking into account his social and psychological maturity, and/or the representative of a state institution for the protection of the rights of the child, who shall observe whether the rights of the minor accused person are respected during the questioning. The representative of the state institution for the protection of the rights of the child may pose questions to the person being questioned and submit requests concerning the questioning.

Article 273. Summary examination of evidence

1. If, after the announcement of an indictment, an accused person who is not charged with a grave crime declares to a court that he pleads guilty and wishes to give his testimony without delay and agrees that other evidence would not be examined or if the accused person has already expressed such a wish in accordance with the procedure laid down in Article 218(2) of this Code, the examination of evidence may be discontinued after questioning the accused person and fulfilling the requirements of Article 291 of this Code, provided that the circumstances of commission of the criminal act are not contested and a prosecutor and a defence counsel agree to summary examination of evidence.

2. Where several accused persons are charged with one or several criminal acts, summary examination of evidence may be conducted only where the conditions provided for in paragraph 1 of this Article may be applied to all accused persons.

Article 274. Temporary removal of an accused person from the courtroom

If there are reasonable grounds for believing that the presence of an accused person will interfere with giving accurate testimony by another accused person, a victim or a witness, the accused person may be temporarily removed from the courtroom by a court ruling. In this case, when the accused person returns to the courtroom, the presiding judge of the trial shall inform to him of the content of the testimony given and shall enable him to pose questions to the persons questioned, as well as to provide his clarifications regarding the testimony.

Article 275. Posing of questions at a trial

1. A prosecutor, a victim, a civil claimant, a civil defendant and their representatives, a defence counsel, a legal representative of an accused person and the accused person himself shall have the right to pose questions to the accused persons, victims, witnesses, experts and professionals being questioned in court. Subject to permission of the court, an expert and a professional may pose questions to the accused persons, the victims and the witnesses. It shall be prohibited to pose suggestive questions.

2. If a witness is summoned to a trial at the request of one of participants in the hearing in court, this participant shall pose questions to the witness first.

3. Judges shall have the right to pose questions to the persons being questioned at any stage of the examination of evidence.

4. The judges and, subject to permission of the presiding judge of the trial, the participants in the hearing in court shall pose questions directly to the persons being questioned. The presiding judge may deprive of this right the participants in the hearing in case who abuse the right and may allow to pose questions only via him.

5. Questions to minor victims and minor witnesses shall be posed only through the presiding judge of the trial or, where necessary, via their representative.

6. The presiding judge of the trial shall reject the questions which are not related to the case.

Article 276. Reading out of the testimony given earlier by an accused person, a victim and a witness

1. The testimony of an accused person, a victim and a witness given to a pre-trial investigation judge or earlier before a court may be read out loud at a trial, as well as audio and video recordings of such questioning may be listened to and viewed when the accused person, the victim or the witness:

1) is deceased or absent from the trial for compelling reasons, or, in the absence of the accused person, in the cases provided for in Article 246 of this Code;

2) refuses or evades giving testimony, also when he declares that he does not remember the circumstances about which he gave testimony earlier;

3) gives at the trial the testimony which is substantially different from that given during the pre-trial investigation or before the court.

2. Moreover, the testimony of persons questioned after staying the hearing of a case in court or after adjourning the hearing thereof in accordance with the procedure laid down in Articles 243 and 244 of this Code, as well as the testimony given to a pre-trial investigation judge by a witness or a victim not summoned to a trial under a court ruling on the ground that anonymity was applied to him, or that he is a minor, or that this was necessary due to the victim’s special protection needs may be read out loud at the trial, or a video and audio recording made during such a questioning may be made public.

3. At the request of participants in the hearing in court, audio and video recordings may be listened to and viewed. Prior to listening to and viewing the audio and video recordings, the testimony of the accused person, the victim or the witness contained in the relevant record of the questioning conducted by the pre-trial investigation judge or of the trial may be read out loud.

4. The testimony given by an accused person, a victim and a witness to a pre-trial investigation officer or to a prosecutor may be read as well as audio and video recordings of such a questioning may be listened to and viewed in order to verify the evidence adduced in the case. The officer who conducted the questioning during the pre-trial investigation may be questioned as a witness in court.

5. Where a previous court judgment or ruling has been annulled or in other cases, when a case is on retrial, witnesses and victims questioned earlier at a court hearing shall not be called in for a repeat questioning, unless this is necessary in the interests of justice, and their testimony given earlier at the court hearing shall be made public and examined in accordance with the procedure laid down in Article 290 of this Code.

Article 277. Witness’s oath

1. Before a witness gives his testimony, the presiding judge of a trial shall establish his identity, ascertain whether there are any circumstances precluding the taking of an oath, then instruct the witness as to civic duty and the duty to give a true account of everything known to him in the case and shall warn him of liability for refusal or evasion of giving testimony pursuant to Article 163 of this Code and of liability for false testimony pursuant to Article 235 of the Criminal Code of the Republic of Lithuania.

2. The witness shall take an oath and sign the text of the oath, with the exception of the cases when he takes the oath using information and electronic communications technologies (video conferencing). The person taking the oath shall be have the right to choose one of the following texts of the oath:

1) “I, (forename, surname), being aware of the meaning of my words and liability for them, swear to tell the truth and to keep nothing secret. So help me God.’;

2) “I, (forename, surname), being aware of the meaning of my words and liability for them, swear to tell the truth and to keep nothing secret.“

3. If, after taking the oath, the witness is questioned for a second time in the same case, he shall no longer need to take the oath. The presiding judge of the trial shall remind him of the oath previously taken.

Article 278. Persons not taking oath

1. The following persons shall not take an oath in court:

1) persons under 16 years of age;

2) close relatives and family members of an accused person.

2. Where the persons referred to in point 2 of paragraph 1 of this Article agree to give testimony, they must be warned of liability for false testimony pursuant to Article 235 of the Criminal Code of the Republic of Lithuania and take the oath.

Article 279. Procedure for questioning a witness

1. Witnesses shall be questioned one at a time; witnesses who have not yet been questioned shall not be present at that time.

2. The presiding judge of a trial shall ascertain the relationship of a witness with an accused person and a victim and shall propose that the witness tell the court all information known to him concerning the circumstances of the case, while avoiding to provide information the source whereof he is unable to indicate.

3. Thereafter, the witness shall be posed questions in accordance with the procedure laid down in Article 275 of this Code.

4. The witnesses who have already been questioned shall remain in the courtroom until completion of the examination of evidence. Having heard the opinions of participants in the hearing in court, the court may allow the witness who has already been questioned to leave the courtroom before completion of the examination of evidence.

5. At the request of the participants in the hearing in court or of the court’s own motion, a witness who has already been questioned may be questioned additionally.

6. A witness who, in accordance with the procedure laid down by law, is subject to measures of protection against criminal influence, also a witness who, for other reasons, is unable to appear at the trial may be questioned by audiovisual transmission.

7. A witness whereto partial anonymity is applied shall be questioned in accordance with the procedure laid down in this Article. The presiding judge of the trial shall take all measures provided by law to prevent disclosure of classified identity data when questioning the witness whereto partial anonymity is applied.

Article 280. Specific features of a questioning of a minor witness

1. A questioning of a child witness, where it is necessary to conduct such in court in exceptional cases, must at all times, or a questioning of a minor witness with regard to crimes against human life, health, liberty, sexual self-determination and inviolability, the child and the family, with regard to profiting from the minor’s prostitution or involvement of the minor in prostitution or in other cases when requested by participants in the hearing in court or of the court’s own motion, be attended by a psychologist, who shall assist in questioning the minor taking into account his social and psychological maturity, also by the representative of a state institution for the protection of the rights of the child, who shall observe from another room whether the rights of the minor witness are respected during the questioning. The representative of the state institution for the protection of the rights of the child may pose questions to the person being questioned and submit requests concerning the questioning. A representative of the minor witness shall have the right to participate in the questioning only upon considering whether he will have an impact on the minor.

2. An accused person and other parties to the proceedings, with the exception of the psychologist and the representative of the minor witness, shall be prohibited from staying in the room where the questioning is being conducted. In such a case, an audio and video recording must be compulsorily made, and the possibility must be provided for the accused person and other parties to the proceedings to view and listen to the questioning from another room and to pose questions to the person being questioned through a judge or a court.

Article 281. Use of notes and documents by a witness

1. When giving testimony, a witness may make use of notes in cases where the testimony relates to figures and other data which are difficult to remember. At the request of the presiding judge of a trial or participants in the hearing in court, the witness must enable them to access the notes.

2. The witness shall be allowed to read the documents in his possession relating to the testimony given. These documents shall be submitted to the court and to the participants in the hearing in court and may be appended to the case file by a court ruling.

Article 282. Specific features of a questioning of a witness whereto anonymity is applied

1. A court shall assign to a prosecutor the task of organisation of the appearance before the court of a witness whereto anonymity is applied in such a manner as to ensure his anonymity.

2. The witness whereto anonymity is applied shall be questioned in closed court by creating acoustic and visual barriers which prevent other participants in the hearing in court from establishing the identity of the person being questioned.

3. Where it is impossible to create in the courtroom the acoustic and visual barriers provided for in paragraph 2 of this Article, the witness whereto anonymity is applied shall be questioned in a place other than the courtroom in the absence of other participants in the hearing in court. Before questioning such a person, other participants in the hearing in court shall submit in writing to the presiding judge of a trial the questions which they wish to pose to that witness. The testimony of the witness so questioned shall be entered in a record of the trial by the presiding judge of the trial or by one of the judges. This testimony shall be read out loud at the trial by the presiding judge of the trial or by one of the judges. Repeated and additional questions of other participants in the hearing in court which they wish to pose after the testimony of the questioned witness has been read out loud at the trial by the presiding judge of the trial or one of the judges shall be posed and answered in accordance with the procedure laid down in this paragraph.

4. In individual cases, where the appearance of a witness whereto anonymity is applied before a court would seriously endanger the life, health or liberty of the witness, his family members or close relatives, it shall be possible not to summon him to the trial, and his testimony given to a pre-trial investigation judge in accordance with the procedure laid down in Article 203 of this Code shall be read out loud in the court. In the presence of the grounds referred to in this paragraph, the witness may be questioned by audiovisual transmission through the creation of acoustic and visual barriers.

Article 283. Procedure for questioning a victim

1. When it is necessary to question several victims, a court shall establish the sequence of their questioning.

2. A victim shall be questioned and his testimony shall be read out in accordance with all the rules governing the questioning of a witness and reading out of a witness’s testimony.

3. A questioning of a child victim, where it is necessary to conduct such in court in exceptional cases, must at all times, or a questioning of a minor victim with regard to crimes against human life, health, liberty, sexual self-determination and inviolability, the child and the family, with regard to profiting from the minor’s prostitution or involvement of the minor in prostitution or in other cases when requested by participants in the hearing in court or of the court’s own motion, be attended by a psychologist, who shall assist in questioning the minor taking into account his social and psychological maturity, also by the representative of a state institution for the protection of the rights of the child, who shall observe from another room whether the rights of the minor victim are respected during the questioning. The representative of the state institution for the protection of the rights of the child may pose questions to the person being questioned and submit requests concerning the questioning. An accused person and other parties to the proceedings, with the exception of the psychologist and the representative of the minor victim, shall be prohibited from staying in the room where the questioning is being conducted. In such a case, an audio and video recording must be compulsorily made, and the possibility must be provided for the accused person and other parties to the proceedings to view and listen to the questioning from another room and to pose questions to the person being questioned through a judge or a court. The representative of the minor victim shall have the right to participate in the questioning only after considering whether he will have an impact on the minor. The minor victim and his representative may, by a court ruling, participate during a part of the hearing of the case.

4. A victim whereto anonymity is applied shall be questioned in accordance with the rules laid down in Article 282 of this Code.

5. A victim whereto partial anonymity is applied shall be questioned in accordance with the rules laid down in Article 279 of this Code.

6. Where this is necessary due to a victim’s special protection needs, the victim may, under a court ruling, participate during a part of the hearing of the case. Such a victim may also be excluded from questioning at a trial. In this case, the testimony given by the victim to a pre-trial investigation judge must be read out loud in court or an audio and video recording made during a pre-trial investigation must be made public. If such a victim is summoned to court, an accused person and other parties to the proceedings may, in the interests of his protection and by a ruling of a judge or a court, be refused access to the room where the questioning is being conducted. In such a case, an audio and video recording must be compulsorily made, and the possibility must be provided for the accused person and other parties to the proceedings to view and listen to the questioning from another room and to pose questions to the person being questioned through the judge or the court.

Article 284. Participation of a professional in the hearing of a case in court and a questioning of the professional

1. If a professional’s conclusion presented during a pre-trial investigation is sufficiently clear and detailed, it shall be made public at a court hearing in the absence of the professional.

2. The professional shall be summoned to the court hearing for a questioning only if the court decides that his testimony is necessary to clarify or supplement the professional’s conclusion.

3. A professional who did not present a conclusion in the course of a pre-trial investigation may also be summoned to the court hearing.

4. The professional shall be questioned in accordance with the rules for questioning witnesses.

Article 285. Participation of an expert in the hearing of a case in court, where an expert examination was conducted in the course of a pre-trial investigation

If an expert examination was conducted in the course of a pre-trial investigation and an expert report submitted to a court is sufficiently clear and detailed, it shall be made public at a court hearing in the absence of an expert. The expert shall be summoned to the court hearing for a questioning only if the court recognises that his testimony is necessary to clarify or supplement the expert report. The expert shall be questioned in accordance with the procedure for posing questions laid down in Article 275 of this Code. Where it is impossible to question the expert at the court hearing, he may be questioned by audiovisual transmission.

Article 286. Ordering and conduct of an expert examination during the hearing of a case in court

1. A court shall have the right to order an expert examination at the request of participants in the hearing of a case in court or of its own motion.

2. The participants in the hearing of the case in court shall pose questions to an expert in writing. The presiding judge of the trial shall read these questions out loud, and the court shall subsequently hear the opinions of the participants in the hearing regarding the questions posed. A ruling on the ordering of an expert examination and the posing of questions to the expert shall be issued by the court in the deliberation room. Having considered the questions posed, the court shall reject those which are not related to the case or are beyond the competence of the expert and, where necessary, shall formulate new questions. The ruling ordering an expert examination shall be pronounced by the presiding judge of the trial and served on the expert. If the expert is absent from the court hearing, the court shall deliver the issued ruling for execution to an expert examination facility or to a person assigned with the task of conducting the expert examination. Together with the ruling, the material necessary for the expert examination shall be handed over or sent to the expert. Where necessary, the court shall assign to a prosecutor thе task of collection of the material necessary for the conduct of the expert examination.

3. Upon receipt of the ruling ordering an expert examination and examination of the material submitted, the expert shall conduct the expert examination and draw up an expert report. Where the expert considers that the material submitted to him is not sufficient to reach a conclusion or that the questions posed to him are beyond his competence, he shall draw up an opinion that no conclusion can be presented.

4. If, in the course of the expert examination, the expert establishes the circumstances which are relevant to the case and in respect whereof questions have not been posed to him, he shall have the right to include them in the expert report.

5. The expert participating in the hearing of the case in court shall read out loud at the court hearing the expert report or the expert’s opinion that no conclusion can be presented, and the expert report or the expert’s opinion shall be appended to the case file. The participants in the hearing in court may pose oral questions to the expert with a view to clarifying or supplementing the expert report or clarifying the expert’s opinion that no conclusion can be presented. The expert may read out the expert report and answer the questions posed by the participants in the hearing in court by audiovisual transmission.

6. An expert examination facility or an expert who does not participate in the hearing of the case in court shall transmit to the court its/his expert report or expert’s opinion that no conclusion can be presented. Such an expert report or expert’s opinion received by the court shall be made public and examined in compliance with the rules laid down in Article 290 of this Code.

7. Having assessed the expert report as being insufficiently detailed or insufficiently reasoned, the court shall have the right to order a new expert examination and to assign the task of conducting it to the same expert or another expert. In this case, the previous expert report shall be submitted to the expert together with a ruling ordering a new expert examination.

8. The hearing of the case in court may, if necessary, be adjourned for the duration of the expert examination.

Article 287. Right of a court to perform any procedural action

During the hearing of a case, a court shall have the right to perform any procedural action provided for in Sections Two, Three, Four and Five of Chapter XIV of this Code. Where it is impossible to perform these actions in court for some reason or this considerably complicates the hearing of the case, the court may assign to a prosecutor or a pre-trial investigation judge the task of performing or organising the performance of these actions.

Article 288. Prosecutor’s right to adduce additional evidence

During the examination of evidence, a prosecutor may request permission to adduce additional evidence while performing procedural actions. In granting this request of the prosecutor, a court shall adjourn the hearing of the case in court.

Article 289. Visual inspection of material evidence

1. The material evidence which must be visually inspected in order to thoroughly investigate the circumstances of a case shall be visually inspected in court. Requests of participants in the hearing in court concerning visual inspection of material evidence shall be resolved by a court ruling. Material evidence shall be visually inspected by the court, and shall be presented to the participants in the hearing in court. Where necessary, material evidence may also be presented to witnesses or to an expert. Examination of material evidence, both of the court’s own motion and at the request of the participants in the hearing in court, may be conducted at any stage of the examination of evidence. Persons to whom material evidence is presented shall have the right to draw the attention of the court to any circumstances relating to the visual inspection. This shall be indicated in a record of the trial.

2. Where material evidence cannot be delivered before the court, the court shall, where necessary, inspect it at the place where material evidence is located in compliance with the rules laid down in paragraph 1 of this Article.

Article 290. Reading out and visual inspection of documents

1. During the examination of evidence, the presiding judge of a trial shall announce by listing the documents which are relevant to the hearing of the case, as received during a pre-trial investigation and the hearing of a case in court and appended to the case file. Where necessary for a thorough examination of the circumstances of the case, these documents or parts thereof shall, at the request of participants in the hearing in court or of the court’s own motion, be made public by reading out and visually inspected. Requests of the participants in the hearing in court concerning these issues shall be resolved by a court ruling.

2. During the examination of evidence in court, the audio or video recordings made in the course of the pre-trial investigation may be heard and viewed.

Article 291. Making public of evidence in the case of summary examination of evidence

In the case of summary examination of evidence, the presiding judge of a trial shall, in accordance with the procedure laid down in Article 290 of this Code, make public the records of the questioning of accused persons, victims, witnesses, experts and professionals drawn up during a pre-trial investigation or earlier during the trial, as well as documents in the file, and shall provide access to other evidence.

Article 292. End of the examination of evidence in court

1. Where the evidence available in a case has been examined, the presiding judge of a trial shall ask participants in the hearing in court whether they wish to supplement the examination of evidence and what exactly they wish to supplement it with.

2. After requests, if any, have been heard and, where necessary, additional investigative actions have been performed, the presiding judge of the trial shall announce that the examination of evidence in court has been completed.

CHAPTER XXII

CLOSING SPEECHES AND FINAL PLEA OF AN ACCUSED PERSON

Article 293. Closing speeches

1. Upon completion of the examination of evidence, a court shall begin hearing closing speeches.

2. The closing speeches shall be those delivered at a trial by a prosecutor, a victim or his representative, a civil claimant, a civil defendant or their representatives, a defence counsel or an accused person who does not have a defence counsel.

3. No longer effective from 1 October 2017.

4. Evidence which has not been examined at a trial may not be relied upon in a closing speech.

5. After the participants in the hearing in court have delivered their closing speeches, they shall have the right to make objections and to submit observations on what has been said in the previous closing speeches. The defence counsel or, in his absence, the accused person shall be last to make objections and to submit observations.

6. A court may not restrict the length of the closing speeches, however the presiding judge of the trial shall have the right to interrupt a closing speech which is clearly unrelated to the case being heard.

7. Having delivered the closing speeches, the participants in the hearing in court may propose to the court in writing the wording of the decisions provided for in Article 307 of this Code.

Article 294. Final plea of an accused person

1. After closing speeches, the presiding judge of a trial shall allow an accused person to make the final plea.

2. No questions shall be posed to the accused person during his final plea.

3. The court may not restrict the length of the final plea of the accused person, however the presiding judge of the trial shall have the right to stop the accused person if the latter speaks about circumstances which are clearly unrelated to the case.

Article 295. Resumption of the examination of evidence in court

1. If persons who have delivered their closing speeches or an accused person in the final plea disclose(s) new circumstances which are material to the case, a court may, at the request of participants in the hearing in court or of its own motion, resume the examination of evidence.

2. Upon completion of the resumed examination of evidence, closing speeches shall be heard again and an accused person shall deliver his final plea.

Article 296. Notification of the pronouncement of a judgment

Having heard the final plea of an accused person and having taken a decision either on the bench or in the deliberation room, a court shall notify of the date and place of the pronouncement of a judgment.

CHAPTER XXIII

PASSING OF A JUDGMENT

Article 297. Passing of a judgment on behalf of the Republic of Lithuania

Courts of the Republic of Lithuania shall pass a judgment on behalf of the Republic of Lithuania.

Article 298. Place of the passing of a judgment

A judgment shall be passed in the deliberation room. At that time, only the judges forming the judicial panel which heard the case may be present in that room.

Article 299. Procedure for deliberation and voting by judges

1. When passing a judgment in cases heard before judicial panels, deliberation and voting by judges shall be held under the direction of the presiding judge of a trial. Disagreements concerning the procedure for deliberation and voting shall be resolved by a full court.

2. The deliberation and voting of judges shall be conducted separately on the issues of provability of guilt, classification of a criminal act, imposition of a penalty and other issues. The presiding judge of a trial shall formulate the issues to be resolved in such a way that they may be answered only in the affirmative or the negative.

3. A judge with the least seniority as a judge shall vote first. The presiding judge of a trial, regardless of his seniority as a judge, shall vote last.

4. A judge who has voted against the conviction of an accused person shall have the right to abstain from voting on the imposition of a penalty. In such a case, the judge’s vote shall be attributed to an opinion of judges which is more favourable to the accused person.

5. During the passing of a judgment, issues shall be resolved by majority vote, with the exception of the penalty of a life custodial sentence. The penalty of a life custodial sentence may be imposed on an accused person only by common accord.

6. A judge who, during the passing of the judgment, had a different opinion shall have the right to state it in writing. The separate opinion shall not be read out when pronouncing the judgment, but shall be appended to the case file.

Article 300. Resumption of the examination of evidence in court

1. Having established during the passing of a judgment that some circumstances of a case have not been fully investigated, a court may resume the examination of evidence in accordance with the procedure laid down in Article 295 of this Code.

2. The examination of evidence shall also be resumed where the court establishes the cases provided for in Article 256(2) of this Code.

Article 301. Evidence on which a judgment relies

1. A court shall rely in its judgment solely on the evidence which has been examined at a trial.

2. A judgment of conviction may not rely solely on the testimony of victims or witnesses whereto anonymity is applied. The judgment of conviction may rely on the testimony of these persons only if the testimony is supported by other evidence.

Article 302. Drawing up of a judgment

1. Having considered and resolved the issues necessary for passing a judgment, a court shall draw up a judgment.

2. A judgment shall be signed by all the judges who passed it. A judge who has a different opinion shall also sign the judgment.

3. Any corrections to be made in a judgment must be discussed in the judgment itself and signed by all judges.

4. A judgment must be pronounced not later than within 14 days from the notification of the date and place of its pronouncement or, in the event of a complex and large-volume case, within the shortest possible time limit as laid down by a court, but not later than within 45 days.

5. Prior to the pronouncement of a judgment, the judges hearing a case may hear also other cases or perform other procedural actions.

Article 303. Types of judgments

1. A court judgment may be a judgment of conviction or of acquittal. Moreover, a court judgment may be passed to dismiss a criminal case.

2. By a judgment of conviction, an accused person shall be found guilty of commission of a criminal act provided for in a criminal law and shall be imposed a penalty.

3. Where, prior to the passing of a judgment, an accused person begins to suffer from a serious incurable illness rendering the serving of a sentence excessively difficult, a court may, when passing a judgment of conviction, release the convicted person from serving the sentence.

4. A court shall dismiss a criminal case by a judgment if there are grounds for releasing an accused person from criminal liability as provided for in Articles 36-40, Article 93, Article 114(3), Article 1891(2), Article 226(6), Article 227(6), Article 259(3) and Article 291(2) and (3) of the Criminal Code of the Republic of Lithuania. The court shall dismiss the criminal case by the judgment also if it is established during the hearing of the case in court that the accused person was justly charged with the commission of a criminal act, but the limitation period for the passing of a judgment of conviction in respect of this criminal act has expired.

5. A court shall pass a judgment of acquittal if:

1) an act having elements of a crime or of a misdemeanour was not committed;

2) it has not been proved that an accused person participated in the commission of a criminal act.

6. If a judgment of acquittal has been passed on the basis of point 2 of paragraph 5 of this Article and the perpetrator of a criminal act remains unidentified, a court shall, after the entry into force of the judgment, refer the case to a prosecutor for the purpose of taking measures to identify the perpetrator of the criminal act.

Article 304. Introductory part of a judgment

The introductory part of a judgment shall indicate:

1) that the judgment has been passed on behalf of the Republic of Lithuania;

2) the date and place of the passing of the judgment;

3) the name of the court which has passed the judgment, full names of judges, the clerk of the hearing, the prosecutor, the defence counsel, the victim, the civil claimant, the civil defendant and their representatives, the legal representative of the accused person, the interpreter;

4) the accused person’s full name, date and place of birth, personal number, citizenship, nationality, place of residence, education, family status, data on conviction and other data concerning him which are relevant to the case;

5) a criminal law providing for a criminal act with the commission whereof the accused person is charged.

Article 305. Descriptive part of a judgment

1. The descriptive part of a judgment of conviction shall indicate:

1) the circumstances of a criminal act which has been recognised as proved, i.e. the place, time, manner, consequences and other relevant circumstances of commission thereof;

2) the evidence on which the court relies in its conclusions and the reasons on the basis whereof the court has rejected other evidence;

3) reasons for and conclusions of the classification of the criminal act;

4) reasons for the imposition of a penalty, a penal sanction or a reformative sanction.

2. The descriptive part of a judgment of conviction releasing a convicted person from serving a sentence shall indicate the circumstances provided for in points 1-3 of paragraph 1 of this Article as well as the serious incurable illness of the convicted person which would render the serving of the sentence excessively difficult. The illness of the convicted person must be confirmed by a certificate of a health care institution or a conclusion of an expert commission. If a penal sanction or a reformative sanction is imposed while releasing the person from serving the sentence, the grounds for imposing that sanction shall be indicated in the descriptive part of the judgment.

3. The descriptive part of a judgment of acquittal shall indicate:

1) the substance of the charges in relation to which the case has been referred for hearing in court;

2) the circumstances of the case established by a court;

3) reasons for the assessment of evidence;

4) conclusions of the court on the acquittal of the accused person.

4. The descriptive part of a judgment dismissing a criminal case shall indicate the circumstances as provided for in points 1 and 2 of paragraph 1 of this Article, the classification of a criminal act as well as the grounds and reasons for the release from criminal liability or data on the expiry of the limitation period for the passing of a judgment of conviction. Where a penal sanction or a reformative sanction is imposed while dismissing the criminal case, the descriptive part of the judgment shall indicate the reasons for imposing that sanction.

5. The descriptive part of a judgment must indicate the reasons substantiating a decision to compensate for the damage caused by a criminal act.

6. The descriptive part of a judgment may also indicate other relevant circumstances and the reasoning behind decisions.

Article 306. No longer effective from 1 September 2007.

Article 307.

1. The operative part of a judgment of conviction shall indicate:

1) the forename and surname of the accused person;

2) a decision to find the accused person guilty;

3) a criminal law according to which the accused person is found guilty;

4) decisions on the inclusion of a penalty, a penal sanction or a reformative sanction, also remand and compulsory medical measure in the term of the sentence, where there are grounds therefor;

5) a decision to recognise the accused person as a dangerous repeat offender, if the court recognises so;

6) a decision on the imposition of a supervision measure on the convicted person.

2. In the cases when an accused person charged with the commission of several criminal acts is found guilty of the commission of certain acts and not guilty of the commission of other acts, the operative part of a judgment must indicate precisely the acts of which he has been convicted and of which he has been acquitted.

3. The operative part of a judgment of conviction releasing an accused person from serving a sentence shall indicate the data and decisions referred to in points 1-3 of paragraph 1 of this Article, also a decision to impose a penalty and a decision to release the convicted person from serving the sentence, a decision on the lifting of procedural coercive measures, a decision on the imposition of a penal sanction or a reformative sanction, where there are grounds therefor.

4. The operative part of a judgment of acquittal shall indicate:

1) the forename and surname of the accused person;

2) a decision to acquit the accused person and the grounds for the acquittal;

3) a decision on the lifting of procedural coercive measures.

5. The operative part of a judgment dismissing a criminal case shall indicate:

1) the forename and surname of the accused person;

2) a decision to release the person from criminal liability or a decision to dismiss the criminal case because of the expiry of the limitation period for the passing of a judgment of conviction;

3) a decision on the imposition of a penal sanction or a reformative sanction, where there are grounds therefor;

4) a decision on the lifting of procedural coercive measures.

6. The operative part of the judgment must indicate decisions on:

1) compensation for damage resulting from a criminal act;

2) further use of material evidence;

3) reimbursement of costs of proceedings.

7. Moreover, the operative part of the judgment shall indicate the procedure and time limits for appealing against the judgment.

Article 308. Pronouncement of a judgment

1. A court or one of the judges of a judicial panel hearing a case shall, at a time notified in advance, return to the courtroom and pronounce a judgment by reading out its introductory and operative parts or the entire judgment. Having pronounced only the introductory and operative parts of the judgment, the court must give an oral clarification of the reasons of the judgment, which it may supplement by reading out the individual parts of the judgment. The court shall not normally make public a natural person’s personal number, the address of his place of residence or stay, data on his identification document, telephone number, e-mail address and other contact details, date and place of birth, family status, place of employment and current job position, vehicle registration number, a credit institution’s account number, unique number of the real property or other property to be registered, exact address of the location of such property, data which constitute the case file recognised by the court as non-public, as well as special personal data and other personal data stored separately from other pre-trial investigation material.

2. The judgment shall be pronounced with all the persons present in the courtroom standing, except for the cases provided for in Article 258(2) of this Code.

3. The judgment shall be pronounced in the presence of an accused person, his defence counsel and a prosecutor, unless the court decides otherwise.

4. After pronouncing the judgment, a judge shall instruct participants in the hearing in court as to the procedure and time limits for appealing against the judgment, the conditions of oral and written appeal procedure and, in respect of the accused person, also specific features of the execution of the penalties imposed.

5. Where the actual penalty of arrest or a custodial sentence is imposed under a judgment on a convicted person, the presiding judge of the trial must ascertain whether a victim wishes to be notified of the future release of the convicted person or the escape of the convicted person from custody. The victim shall also be notified of the safeguards provided for in legal acts which may be applied to him and of the procedure for applying them. If the victim was absent from a court hearing, this information must be ascertained within five days from the pronouncement of the judgment. It shall not be necessary to ascertain this information if the victim’s place of residence is unknown, also if such notification could cause harm to the convicted person. If there are many victims, it shall be sufficient to ascertain this information through a person(s) representing their interests. If the victim requests to be notified of the future release of the convicted person or his escape from custody, the presiding judge of the trial shall draw up a note. After the judgment becomes final, this note together with a transcript of the judgment shall be sent to an executing institution in accordance with the procedure laid down in Article 342 of this Code. The convicted person and his defence counsel shall be prohibited from accessing the content of this note.

Article 3081. Correction of errors in a judgment

1. A court may, of its own motion or under motions of parties to proceedings, correct in a non-final judgment writing errors, obvious arithmetic errors or other inaccuracies the correction whereof does not alter the substance of the judgment.

2. A hearing may be held to consider the issue of correction of errors in the judgment, which shall be notified to a prosecutor, a defence counsel and other parties to the proceedings.

3. A copy of a ruling issued on the issue of correction of errors in the judgment must, within three days from the issue thereof, be sent to the parties to the proceedings on whom a transcript of the judgment was served or to whom it was sent in accordance with the procedure laid down in Article 310 of this Code.

4. Objections to the rulings issued in accordance with this procedure may be included in an appeal against the judgment.

Article 309. Release from remand

1. An acquitted person or a convicted person shall, if held on remand, be released from remand without delay by a court in the courtroom where in respect of such a person:

1) a judgment of acquittal is passed;

2) a judgment dismissing the criminal case is passed;

3) a judgment of conviction releasing him from serving a sentence is passed;

4) the penalty of community service, a fine or the penalty of restriction of liberty is imposed;

5) the penalty of arrest or a custodial sentence is imposed, with the term thereof not exceeding the period already spent on remand;

6) no longer effective from 6 July 2019;

7) the execution of a judgment or the entire sentence is stayed.

2. An accused person on remand shall be released from remand without delay by a court in the courtroom also in the event of issuing a ruling to dismiss the criminal case.

3. A person on whom the supervision measure of remand has been imposed in another case shall not be released from remand.

Article 310. Service of transcripts of a judgment

1. Transcripts of a judgment shall be served immediately after the pronouncement thereof on an acquitted person, a convicted person or a person whose case has been dismissed.

2. If the persons referred to in paragraph 1 of this Article were absent from the pronouncement of the judgment or did not receive it immediately after the pronouncement, transcripts of the judgment must be served on or sent to them not later than within five days from the pronouncement of the judgment.

3. As regards other persons who participated in the hearing of the case in court, the transcripts of the judgment shall be served on them, at their request, immediately after the pronouncement of the judgment or shall be sent within five days from the receipt of such a request.

PART VI

PROCEEDINGS IN AN APPELLATE COURT

CHAPTER XXIV

APPEAL AGAINST A NON-FINAL JUDGMENT OR RULING

Article 311. Courts hearing cases under appeal procedure

1. Criminal cases concerning a non-final judgment or ruling shall be heard under appeal procedure by regional courts at appellate instance and by the Court of Appeal of Lithuania.

2. A regional court shall hear under appeal procedure the cases heard by a district court.

3. The Court of Appeal of Lithuania shall hear under appeal procedure the cases heard at first instance by a regional court.

Article 312. Right to appeal against a court judgment under appeal procedure

1. A prosecutor, a convicted person, a person whose case has been dismissed, their defence counsel and their legal representative, a victim and his representative shall have the right to file appeals against a non-final judgment on any grounds and for any reasons.

2. An acquitted person, his defence counsel and his legal representative shall have the right to file appeals against a judgment in so far as it is related to reasons for and grounds of the acquittal.

3. A civil claimant, a civil defendant and their representatives shall have the right to file appeals against the part of a judgment which is related to a civil claim.

4. A bailsperson, a person whose property or a sum of money equivalent to its value has been forfeited, their representative may appeal against a judgment only in respect of the decision in question.

5. The defence counsel of a convicted person, an acquitted person or a person whose case has been dismissed shall have the right to file an appeal only if this does not contradict the will of the convicted person, the acquitted person or the person whose case has been dismissed, as expressed in writing. In the cases when the case was heard in the absence of an accused person, the defence counsel of the convicted person, the acquitted person or the person whose case has been dismissed may file an appeal unless there is the will of the convicted person, the acquitted person or the person whose case has been dismissed, as expressed in writing.

6. The defence counsel of a person who, by reason of his physical or mental impairments, is unable to exercise his right of defence on his own and of a minor convicted person, acquitted person or person whose case has been dismissed may appeal regardless of the will of the convicted person, the acquitted person or the person whose case has been dismissed.

7. The will of a convicted person, an acquitted person or a person whose case has been dismissed shall not be binding on the legal representatives who file an appeal.

Article 313. Procedure and time limits for appealing against a judgment

1. An appeal against a non-final judgment must be filed in writing and be signed by the appellant. The appeal must indicate the name of an appellate court, the case which is the subject of the appeal and set out the substance of the part of the judgment under appeal, the grounds of and reasons for appealing against the judgment, reasoned requests of the appellant for the admission of evidence, the evocation of evidence, the initiation and scope of the examination of evidence, the hearing of the case under the oral or written procedure, requests on other issues.

2. The appeal shall be filed with the appellate court through the court which passed the judgment.

3. The appeal against the court judgment may be filed within 20 days from the pronouncement of the judgment.

4. For a convicted person on remand, a time limit for filing an appeal shall run from the service of a transcript of a judgment thereon.

5. For an accused person who did not attend a trial, a time limit for filing an appeal shall run from the dispatch of a transcript of a judgment thereto.

6. Within a time limit laid down for appealing against a judgment, the case must be kept with the court which passed the judgment, and the persons referred to in Article 312 of this Code shall have the right to access the case in the court.

7. An appeal filed after exceeding the time limit shall be returned to the appellant.

Article 314. Procedure for reopening a time limit for appealing against a judgment

1. The persons authorised to file an appeal, if failing to comply with a time limit for filing an appeal for compelling reasons, shall have the right to request that a court which passed a judgment reopen the exceeded time limit.

2. The court or a judge shall decide on the reopening of the exceeded time limit in accordance with the procedure laid down in Article 102 of this Code.

3. A ruling of the court or the judge rejecting the request to reopen the exceeded time limit may be appealed against to an appellate court. This court shall have the right to reopen the exceeded time limit or to uphold the ruling.

4. A request to reopen an exceeded time limit for filing an appeal may not be submitted if more than six months have lapsed since the pronouncement of a judgment or a ruling.

Article 315. Consequences of filing an appeal

1. If an appeal is filed, execution of a judgment shall not commence.

2. Execution of a judgment may commence only if a convicted person expresses in writing a wish to commence serving a sentence pending the hearing of a case under appeal procedure.

Article 316. Withdrawal of an appeal

1. An appellant shall have the right to withdraw an appeal.

2. An appeal filed by a prosecutor may also be withdrawn by a senior prosecutor. A defence counsel may withdraw his appeal only upon coordination thereof in writing with a convicted person, an acquitted person or a person whose case has been dismissed. Coordination shall not be necessary with a person who, by reason of his physical or mental impairments, is unable to exercise his right to defence or with a minor.

3. Requests for the withdrawal of appeals may be submitted before a court notifies in the courtroom of the date and place of pronouncement of a judgment or a ruling.

4. If the time limits referred to in Article 313 of this Code have not expired, the appellant may, upon withdrawal of his appeal, file a new appeal. In such a case, the rules laid down in Article 317 of this Code must apply.

5. Upon withdrawal of the appeal, the court shall leave the appeal unheard and terminate the court proceedings.

Article 317. Notification of appeals filed

1. A court which passed a judgment shall notify of the filing of an appeal and of the right to access it and to submit statements of defence a convicted person, an acquitted person, a person whose case has been dismissed and other parties to the proceedings whose interests are affected by the appeal. If the appeal affects a large number of victims or civil claimants in the criminal case, it shall be possible not to send notifications to these persons, however a notification of the filed appeal and of the possibility of accessing it and submitting statements of defence shall be provided on a special website and at the e-mail addresses indicated by the parties to the proceedings not later than ten days before the announced date of provision of access to the filed appeal.

2. A transcript of an appeal filed by a prosecutor, a victim or his representative shall be sent to the convicted person, the acquitted person and the person whose case has been dismissed. Such transcripts shall be served on other parties to the proceedings at their request.

3. The statements of defence received to the appeal shall be appended to the case file or shall be transmitted to an appellate court to supplement the case file.

Article 318. Procedure for appealing against rulings of a court of first instance

1. Appeals may be filed under appeal procedure against rulings of a court or judge of first instance to dismiss a criminal case and against rulings issued upon completion of the hearing of a case regarding the application of compulsory medical measures.

2. The parties to proceedings referred to in Article 312 of this Code shall have the right to appeal against a court ruling to dismiss a criminal case, while the parties to proceedings referred to in Article 404 of this Code shall have the right to appeal against a court ruling resolving the issue of application of compulsory medical measures.

3. The court rulings referred to in paragraph 1 of this Article shall be appealed against in accordance with the procedure and within the time limits laid down in Article 313 of this Code.

4. An appeal against a judgment or a ruling referred to in paragraph 1 of this Article may also indicate objections to rulings of a court of first instance regarding the referral of a case for hearing at a trial, regarding the possibility of hearing the case in the absence of any of parties to the proceedings, regarding the filed motions for challenge, regarding the collection of new evidence, regarding the hearing of requests of the parties to the proceedings, regarding observations in a record of the trial and regarding maintenance of order during the trial.

Article 319. Transmission of a case file together with a received appeal and a notification of the place and date of the hearing of the case

1. Upon the expiry of a time limit for filing an appeal, a court shall, within three days, transmit a case file together with the received appeals and statements of defence thereto to an appellate court. The statements of defence received after the expiry of this time limit shall be transmitted to the appellate court additionally.

2. A court of first instance must notify parties to the proceedings of the place and date of the hearing of the case under appeal procedure. If the appeal has been filed on the grounds aggravating the position of a convicted person, the court shall send a request for the delivery of the convicted person on remand before the appellate court. If the convicted person, an acquitted person or a person whose case has been dismissed is not in custody, summonses shall be sent to them. If the convicted person, the acquitted person or the person whose case has been dismissed is temporarily absent, a summons shall be served against signature on any adult person residing together with him or on the administration of the place of employment of the convicted person, the acquitted person or the person whose case has been dismissed.

3. If there are many victims or civil claimants in the case, they may be notified of the date of the hearing of the case in the appellate court on a special website and at the e-mail addresses indicated by the parties to the proceedings. The notification must be published not later than ten days before the date of the hearing of the case in court.

4. If the case only contains an appeal the aim of which is not to aggravate the position of the convicted person, the acquitted person or the person whose case has been dismissed and is not to request that the case be heard by the appellate court under the oral procedure, a court of first instance shall, in the notification of the hearing of the case, instruct other parties to the proceedings as to the right to request that the case be heard under the oral procedure. Such a request must be submitted in writing to the appellate court within 20 days from the of receipt of the notification.

CHAPTER XXV

APPELLATE PROCEEDINGS

Article 320. General provisions on the hearing of a case under appeal procedure

1. Cases shall be heard under appeal procedure only in the presence of appeals filed in accordance with the procedure and within the time limits laid down in Article 313 of this Code.

2. Cases shall be heard under appeal procedure at a court hearing by a judicial panel of three judges or by a mixed judicial panel of three judges of the Criminal Division and the Civil Division of a regional court or of the Lithuanian Court of Appeal.

3. The court shall review the case to the extent requested in the appeals and only in respect of persons who have filed the appeals or in relation to whom such appeals have been filed. However, if during the hearing of the case the court establishes material infringements of this Code, it shall, irrespective of whether an appeal has been received in respect thereof, verify whether this had a detrimental effect not only on the person in respect of whom the case is heard, but also on other convicted persons who have not filed appeals.

4. The position of a convicted person or an acquitted person as well as a person whose case has been dismissed may be aggravated by an appellate court only in the presence of appeals filed by a prosecutor, a victim and a civil claimant. The position of the convicted person, the acquitted person or the person whose case has been dismissed may not be aggravated beyond what is requested in an appeal.

5. If the appellate court commutes a judgment in respect of the convicted persons who have appealed against the judgment or in relation to whom the judgment has been appealed against, it may also commute the judgment passed in respect of the latter persons on the grounds also applicable to other convicted persons.

6. An appellate court shall hear cases in open court, except for the cases provided to in Article 9 of this Code. When hearing a case under appeal procedure, the general provisions on hearing in court, as stipulated in Chapter XIX of this Code, shall apply having regard to the specific features as provided for in this Chapter. In the cases specified in Article 3251 of this Code, a case may be heard under the written procedure.

7. When hearing a case in an appellate court under the oral procedure, a record of a court hearing shall be drawn up.

Article 321. Time limits for hearing a case

1. An appellate court shall hear a case at a hearing on the date fixed by a court of first instance. The court of first instance may not assign the hearing of the case to the appellate court earlier than one month after the dispatch to the appellate court of the case file containing the appeals received and the statements of defence thereto.

2. If a case is particularly complex or in other exceptional cases, the President of the Court of Appeal of Lithuania, the chair of a regional court or the chair of the Criminal Division may assign the hearing of the case on another date than fixed by a court of first instance, but not later than after one month. In this case, the parties to the proceedings shall be notified of the date of the hearing of the case in the appellate court.

Article 322. Persons participating in the hearing of a case at a hearing of an appellate court

1. During the hearing of a case under appeal procedure, a prosecutor and a defence counsel shall participate in a court hearing.

2. A convicted person, an acquitted person, a person whereto compulsory medical measures have been applied or have not been applied, their legal representatives, a victim, a civil claimant, a civil defendant and their representatives shall have the right to participate in this hearing. Failure of these persons to appear, provided that they were informed in due time of the date of the hearing of the case, shall not preclude the hearing of the case.

Article 323. Preparation of a case for hearing in court

1. Upon receipt of an appeal, statements of defence thereto and a criminal case file, the President of the Court of Appeal of Lithuania, the chair of a regional court or the chair of the Criminal Division shall, not later than within three days from the receipt of the appeal, verify whether the appeal is consistent with the requirements set out in this Code. If the appeal has been drawn up in violation of the set requirements, it shall be returned to the appellant.

2. If the appeal is consistent with the set requirements, the chair of the court which has received the appeal or the chair of the Criminal Division of that court shall appoint a rapporteur.

3. The rapporteur shall access the appeal, the statements of defence thereto and the case file, if necessary, instruct to summon to a court hearing witnesses, victims, experts, professionals, and evoke additional material. If the rapporteur considers that the presence of a convicted person or an acquitted person is necessary, the appellate court shall send a request for the delivery of the convicted person on remand before the court and a summons to the acquitted person or the convicted person who is not in custody.

4. After the rapporteur has prepared the case for a hearing, the President of the Court of Appeal of Lithuania, the chair of the regional court or the chair of the Criminal Division shall form a judicial panel of three judges of the Criminal Division and shall approve one of these judges as the chair of that panel. The judges of the judicial panel shall access the appeal, the statements of defence thereto and the case file and, in the cases when the hearing of the case cannot commence on the fixed date or there are grounds for believing that the hearing of the case may last for a long period of time, shall decide on a change of the place and date of the hearing of the case or shall take a decision to hear the case according to a schedule of trial agreed and fixed in advance. On a proposal of the court hearing the case, the chair of the appellate court may form for the hearing of the case a mixed judicial panel of three judges of the Criminal Division and the Civil Division. Such a panel shall be formed and shall hear cases in accordance with the rules for the formation of judicial panels of an appellate court and hearing of cases by such panels as laid down in this Code.

Article 324. Hearing of a case at a hearing of an appellate court

1. The chair of a judicial panel shall open a hearing, announce what case is to be heard, who filed the appeal and what is the court judgment in respect whereof the case is to be heard. The chair of the judicial panel shall subsequently check who has appeared for the hearing or whether the persons referred to in Article 322 of this Code have been notified of the date of the hearing of the case. Appearing witnesses shall be removed from the courtroom. The chair of the judicial panel shall subsequently announce the full names of the judges hearing the case, the prosecutors, the defence counsel, representatives, experts, professionals, interpreters and the clerk of the hearing participating in the hearing and shall ask the persons appearing for the hearing whether they intend to file motions for challenge. The court shall hear such motions in accordance with the procedure laid down in Articles 57-59 and 61 of this Code. The court shall decide whether the case may be heard if one of the parties to the proceedings fails to appear. The decision shall be taken in accordance with the rules laid down in Article 266 of this Code.

2. The chair of the judicial panel shall instruct the persons appearing for the hearing as to their rights and duties and shall ask whether they have any requests. These persons may request the court to call in witnesses, victims, experts, professionals to the hearing or to evoke the material required for the hearing of the case. The court shall issue an reasoned ruling on the submitted requests. If additional time is needed to grant a request, the court may adjourn the hearing of the case.

3. The hearing of the case on the merits shall commence with a report of one of the judges in which he sets out the merits of the case.

4. Of the court’s own motion or at the request of the parties to the proceedings, a judgment of a court of first instance and other judgments or rulings given in the case concerned, as well as a record of the trial of the court of first instance or parts thereof may be read out.

5. When additional material is submitted to the court, the chair of the judicial panel or another judge shall read it out loud and transmit it to the parties to the proceedings, if they so request.

6. The appellate court may carry out the examination of evidence. The examination of evidence shall be carried out and resumed in accordance with the rules laid down in Chapter XXI of this Code. If necessary, the examination of evidence may also be resumed in the course of closing speeches and when passing a judgment or issuing a ruling.

7. Where a pre-trial investigation does not establish any circumstances which were not established also by a court of first instance and it is difficult to establish them at the hearing of the appellate court, the appellate court shall obligate a pre-trial investigation judge or a prosecutor to organise or perform the required investigative actions. If necessary, the hearing of the case may be adjourned until such actions are performed.

8. Closing speeches shall begin with the appellants’ speeches. If there is an appeal filed by a prosecutor, a victim or his representative, the said persons shall take the floor first, and the first of them shall be the person who filed the appeal. In other cases, a convicted person, an acquitted person, a person whose case has been dismissed, his defence counsel and his legal representative shall take the floor first, and the first of them shall be the person who filed the appeal. The closing speeches shall subsequently be delivered by other parties to the proceedings. The parties to the proceedings who have delivered their closing speeches shall have the right to make an objection to and to submit observations on what has been said in the previous speeches. The convicted person, the acquitted person, the person whose case has been dismissed or his defence counsel or legal representative shall be last to make objections and to submit observations. After the closing speeches, the convicted person, the acquitted person or the person whose case has been dismissed shall deliver the final plea.

9. After hearing the closing speeches and the final plea, the court shall, having taken a decision on the bench or in the deliberation room, notify of the date and place of pronouncement of a judgment or a ruling.

10. A procedure for rendering, drawing up and pronouncing a judgment or ruling in an appellate court shall be laid down by the provisions of this Code governing a procedure for passing, drawing up and pronouncing a judgment in a court of first instance.

11. Transcripts of the ruling or judgment of the appellate court shall be served immediately after pronouncement on the appellant, as well as on the acquitted person, the convicted person or the person whose case has been dismissed, the interests of whom are affected by the judgment or ruling of the appellate court. If these persons did not participate in the pronouncement of the judgment or ruling or did not take a transcript of the judgment or ruling immediately after the pronouncement, transcripts of the judgment or ruling must be served on or sent to them not later than within five days from the pronouncement of the judgment or ruling. Transcripts of the judgment or ruling shall be served on or sent to other persons who participated in the court hearing when hearing the appeal case or the interests of whom are affected by the appeal at their request within five days from the receipt of the relevant request.

12. If the convicted person, the acquitted person or the person whose case has been dismissed does not speak Lithuanian, a translation of the judgment or ruling into his native language or into another language which he speaks shall, within 15 days, be sent to or served on him.

Article 325. Procedure for hearing appeals against rulings of a court of first instance

1. Appeals against rulings of a court or judge of first instance shall be heard by an appellate court at a court hearing in accordance with the procedure laid down in Articles 323 and 324 or 3251 of this Code.

2. Appeals against rulings shall be heard by an appellate court only in so far as they concern the persons against whom the appeals have been filed.

Article 3251. Hearing of an appeal case under the written procedure

1. Where an appeal is filed against a ruling of a court of first instance or solely on the grounds referred to in Article 327, points 1, 2 or 4 Article 328 of this Code and there are no circumstances referred to in paragraph 4 of this Article, a case shall be heard under the written procedure. A decision on the hearing of the case under the written procedure shall be taken by a judicial panel formed for the hearing of the case, which shall, where necessary, change a time frame for the hearing of the case.

2. When a decision is taken to hear a case under the written procedure, parties to the proceedings shall, on an instruction of a judge-rapporteur, be notified of this decision, the place and date of the hearing of the appeal, the composition of the judicial panel which will hear the appeal and shall be offered to submit statements of defence to the appeal of another party to the proceedings and shall be instructed as to the right to file motions for challenge and submit requests in writing. A copy of the appeal shall be appended to the notification to the parties to the proceedings who have not accessed the appeal. The statements of defence to the appeal, the motions for challenge and the requests must be submitted within 20 days from the receipt of the notification of the hearing of the case under the written procedure. A prosecutor shall be under the obligation to submit a statement of defence to the appeal. Failure of other parties to the proceedings to submit statements of defence to the appeal shall not preclude the hearing of the case under the written procedure. The prosecutor shall send a copy of his statement of defence to the appeal to the other parties to the proceedings whose interests are affected by the appeal. Copies of other statements of defence to the appeal shall be sent to the parties to the proceedings by an appellate court. Copies of the statements of defence to the appeal shall not be sent to the prosecutor, a victim, a civil claimant and their representatives.

3. Upon completion of the hearing of the case under the written procedure, a court judgment shall be passed or a ruling shall be issued and transcripts thereof shall be served on or sent to the parties to the proceedings on the grounds and in accordance with the procedure laid down in Article 324 of this Code. The court judgment or ruling shall not be pronounced in the courtroom unless the court decides otherwise.

4. The case may not be heard in the appellate court under the written procedure where:

1) the appeal has been filed on the grounds aggravating the position of a convicted person, an acquitted person or a person whose case has been dismissed, on the grounds referred to in point 3 of Article 328 or Article 329 of this Code or on the ground that compulsory medical measures ought to have been applied to the convicted person, or

2) a party to the proceedings requests to hear the case under the oral procedure, or

3) the case was heard at first instance before a judicial panel of three judges of the criminal division of a regional court, or

4) it is necessary, in the case, to conduct the examination of evidence or to hear oral clarifications of the parties to the proceedings.

5. Where the circumstances referred to in paragraph 4 of this Article transpire, the judicial panel hearing the case under the written procedure shall take a decision to hear the case under the oral procedure.

Article 326. Types of decisions of an appellate court taken upon completion of the hearing of a case

1. Having completed the hearing of a case at a court hearing, an appellate court shall issue, regarding a judgment under appeal, a ruling:

1) to dismiss the appeal;

2) to annul the judgment and to dismiss the case on the grounds provided for in point 1 of Article 327 of this Code;

3) to annul the judgment on the grounds provided for in points 3 and 4 of Article 328 of this Code;

4) to annul the judgment and to refer the case for retrial in court:

a) if the case was heard by a biased court of first instance;

b) if the case was heard in violation of the rules of jurisdiction laid down in Articles 224 and 225 of this Code;

c) where it transpires in the appellate court that, at the time of commission of an act and before the passing of a judgment in a court of first instance, a convicted person was suffering from a mental illness or ought to have been applied compulsory medical measures;

d) where the examination and assessment of evidence leads to the conclusion in the appellate court that the facts of an act differ substantially from those established by a court of first instance, which may lead to a substantial aggravation of the position of a convicted person, an acquitted person or a person whose case has been dismissed, thereby exceeding the limits of the hearing of the case under appeal procedure;

5) to annul the judgment and to refer the case to a prosecutor where, in the course of a pre-trial investigation, an indictment was drawn up which is materially inconsistent with the requirements of Article 219 of this Code and this precludes the hearing of the case.

2. Having completed the hearing of a case at a court hearing, an appellate court shall pass, regarding a judgment under appeal, a judgment:

1) to annul the judgment and to dismiss the case on the grounds provided for in point 2 of Article 327 of this Code;

2) to amend the judgment on the grounds provided for in points 1 and 2 of Article 328 of this Code.

3. A court shall have the right to annul or to amend a judgment in respect of individual convicted persons or the commission of individual criminal acts.

4. Having completed the hearing of a case at a court hearing, an appellate court shall, regarding a judgment under appeal, annul a judgment of a court of first instance and pass a new judgment on the grounds provided for in Article 329 of this Code.

5. Having completed the hearing of a case at a court hearing, an appellate court shall issue, regarding a ruling under appeal, a ruling:

1) to dismiss the appeal;

2) to annul the ruling and to refer the case for retrial in a court of first instance;

3) to amend the ruling;

4) to refer the case to a prosecutor if the ground provided for in Article 403(1)(5) of this Code transpires;

5) to annul the ruling and to take a new decision.

6. No longer effective from 1 September 2007.

Article 327. Grounds for annulling a judgment and dismissing a case

An appellate court shall annul a judgment of a court of first instance and shall dismiss a case if:

1) there are the circumstances, as provided for in points 3-7 of Article 3(1) of this Code, which preclude criminal proceedings;

2) there are grounds for releasing an accused person from criminal liability as provided for in Articles 36-40, Article 93, Article 114(3), Article 147(3), Article 1471(3), Article 1472(2), Article 157(3), Article 1891(2), Article 226(6), Article 227(6), Article 259(3) and Article 291(2) and (3) of the Criminal Code of the Republic of Lithuania or the limitation period for the passing of a judgment of conviction has expired.

Article 328. Grounds for amending a judgment

An appellate court shall amend a judgment of a court of first instance if:

1) a criminal law was incorrectly applied;

2) a penalty was imposed incorrectly;

3) the court’s conclusions as set out in the judgment are not consistent with the circumstances of the case;

4) other issues of the judgment were incorrectly resolved.

Article 329. Grounds for annulling a judgment and passing a new judgment

A judgment of a court of first instance shall be annulled and a new judgment shall be passed if:

1) the court of first instance passed a judgment of conviction, and an appellate court concluded at a court hearing that it was not proved that an accused person had participated in the commission of a criminal act or that an act having elements of a crime or a misdemeanour had not been committed;

2) the court of first instance passed a judgment of acquittal, and an appellate court concluded at a court hearing that a judgment of conviction was required;

3) the court of first instance dismissed the criminal case by a judgment, and an appellate court concluded at a court hearing that a judgment of conviction or of acquittal was required;

4) the court of first instance committed a material infringement of this Code provided for in Article 369(3) of this Code, with the exception of the infringements provided for in points 4 and 5 of Article 326(1) of this Code.

Article 330. Passing of a judgment in the case of several different decisions of an appellate court

If in a case where appeals relating to several convicted persons have been heard there are grounds in respect of individual convicted persons for dismissing an appeal, annulling a judgment and dismissing the case, amending the judgment or passing a new judgment, all decisions shall be indicated in a single judgment.

Article 331. Content of a judgment of an appellate court

1. A judgment of an appellate court shall be drawn up in compliance with the general provisions of Chapter XXIII of this Code. In addition, the judgment of the appellate court shall indicate: the name of a court of first instance, the date of the passing of a judgment of the court of first instance and the content of the operative part thereof, the circumstances of the case contested by the appellant, as indicated in the judgment of the court of first instance, and the substance of the appeal.

2. When annulling the judgment of the court of first instance and passing a new judgment, the appellate court shall indicate the circumstances and evidence of the case as established by the appellate court which serve as a basis for finding the convicted person innocent and acquitting him or for finding him guilty and convicting him, as well as the reasons on the basis of which it rejects or differently assesses the evidence of the judgment under appeal.

3. If the judgment of the court of first instance is annulled and the case is dismissed, the judgment of the appellate court must state grounds for dismissing the case. If the judgment of the court of first instance is annulled and the case is dismissed on the grounds that the limitation period for the passing of a judgment of conviction has expired, the judgment of the appellate court must also indicate the circumstances of the case established by the court and the evidence on which the court’s conclusions that the accused person was justly charged with the commission of a criminal act are based.

4. If the judgment of the court of first instance is amended, the judgment of the appellate court must indicate the conclusions regarding the application of a criminal law and imposition of a penalty.

Article 332. Content of a ruling of an appellate court

1. A ruling of an appellate court issued upon completion of the hearing of a case shall consist of an introductory part, a descriptive part and an operative part.

2. The introductory part of the ruling shall indicate: the date and place of the issue of the ruling; the name and composition of the court which issued the ruling; a prosecutor and other parties to the proceedings who participated in the hearing of the criminal case in the appellate court; the appellant; the name of a court which passed a judgment under appeal; the date of passing of a judgment of a court of first instance and the content of the operative part of the judgment.

3. The descriptive part of the ruling shall briefly set out the circumstances of the case contested by the appellant in the judgment under appeal, indicate the substance of the appeal, the requests of the parties to the proceedings participating in the hearing of the case under appeal procedure, and state the reasoned findings of the appellate court on the appeal.

4. The operative part of the ruling shall indicate a decision of the appellate court on the appeal.

5. If the appeal is dismissed, the ruling must state the reasons explaining why the appeal is dismissed and the judgment is recognised as correct.

6. If the appellate court annuls the judgment and dismisses the case, the ruling shall state the specific circumstances which preclude the proceedings.

7. If the appellate court amends the judgment of the court of first instance, the ruling must state the reasons why the conclusions of the court set out in the judgment do not correspond to the circumstances of the case or what other issues of the judgment were incorrectly resolved.

8. If the appellate court annuls the judgment of the court of first instance and refers the case for retrial in court, the ruling must state the reasons for the annulment of the judgment as well as the infringement, as provided for in Article 326(1)(4) of this Code, which must be rectified by the court of first instance.

9. If the appellate court annuls the judgment of the court of first instance and refers the case to a prosecutor, the ruling must state the reasons for the annulment of the judgment as well as the infringement, as provided for in Article 234(2) of this Code, which must be rectified by the prosecutor.

Article 333. Delivery of a judgment or a ruling of an appellate court for execution

1. A judgment or a ruling of an appellate court together with a criminal case, an appeal, statements of defence thereto and the additionally submitted material shall, not later than within seven days from the publication of these decisions, be delivered for execution to a court of first instance which passed a judgment.

2. An appellate court’s judgment of acquittal and its judgment to dismiss the case shall be executed without delay. A convicted person on remand who participated in a hearing of the appellate court shall be released from remand in the courtroom. If the convicted person on remand did not participate in the hearing, a transcript of the judgment releasing the person from remand shall, on the day of the taking of this decision, be sent directly to the administration of a pre-trial detention facility for execution. The administration of the pre-trial detention facility must, within one day, notify the court of first instance which passed the judgment of the execution of the judgment of the appellate court.

3. A transcript of a judgment or a ruling of an appellate court must bear the signature of one of the judges hearing the case and the seal of the court.

Article 334. No longer effective from 14 July 2016.

PART VII

EXECUTION OF A JUDGMENT AND A RULING

Article 335. Execution of a judgment

Only a final court judgment shall be delivered for execution and executed.

Article 336. Finality of a judgment

1. A judgment of a court of first instance shall become final if, upon the expiry of the time limit for filing an appeal, it has not been appealed against.

2. If an appeal is filed, the judgment of the court of first instance shall become final from the pronouncement of a decision of an appellate court.

3. A judgment and a ruling of the appellate court shall become final from their pronouncement.

Article 337. Non-executable judgment

A final court judgment of conviction shall not be delivered for execution and shall not be executed if:

1) the time limit for the execution of a judgment of conviction as laid down in Article 96 of the Criminal Code of the Republic of Lithuania has expired;

2) the execution thereof has been stayed until the expiry of a period of the stay of the execution of the judgment as laid down by the court.

Article 338. Stay of the execution of a judgment

1. The execution of a judgment imposing on a person the sentence of community service, restriction of liberty, arrest or deprivation of liberty may be stayed for a certain period in the presence of at least one of the following grounds:

1) where the convicted person suffers from a serious illness precluding the serving of the sentence – until he recovers;

2) where a convicted person is pregnant when commencing the execution of the judgment – for a period not exceeding one year;

3) where the convicted person whose parental authority has not been restricted has minor children – until the youngest child attains the age of three years;

4) where the immediate commencement of the serving of the sentence may result in particularly serious consequences for the convicted person or his family due to a natural disaster, a serious illness or death of the single working family member or other extraordinary circumstances – for a period determined by a court, but not exceeding three months.

2. The execution of a judgment may not be stayed in respect of the persons convicted of serious and grave crimes as referred to in Article 11 of the Criminal Code of the Republic of Lithuania as well as the persons who have been recognised as dangerous repeat offenders under Article 27 of the Criminal Code of the Republic of Lithuania.

3. The execution of a judgment shall be stayed after the judgment becomes final. At the request of a convicted person, his defence counsel, family members or close relatives, the issue of the stay of the execution of the judgment shall be resolved by a reasoned ruling of the court which passed the judgment.

Article 339. Stay of the execution of a sentence

1. Acting on the basis of Article 75 or 92 of the Criminal Code of the Republic of Lithuania and having assessed the information provided in a social investigation report, if such has been prepared, a court may, when passing a judgment, decide to stay the execution of a sentence either totally or in part.

2. When staying the execution of the sentence, the court shall indicate in the judgment the duration of the stay of the sentence and the reformative sanctions, penal sanctions, obligations and/or intensive supervision imposed on the convicted person. In the event of the partial stay of the execution of the sentence, an additional indication shall be given of the part of the sentence to be served by the convicted person immediately after the judgment becomes final.

3. In the event of the total stay of the execution of the sentence, the period of the stay shall run from the judgment’s becoming final. In the event of the partial stay of the execution of the sentence, the period of the stay of the execution of the sentence shall run from the release of the convicted person from a correctional facility.

Article 340. Immediate execution of a pronounced judgment

1. A judgment of acquittal, also a judgment releasing a convicted person from criminal liability or serving a sentence shall be executed by a court itself after it has pronounced the judgment and instructed the convicted person as to the substance of the judgment as well as his rights and duties.

2. An acquitted person or a convicted person shall, if held on remand, be released from remand without delay by a court in the courtroom in the cases provided for in Article 309(1) of this Code.

3. The immediate execution of a judgment pronounced by a court shall be binding on all state institutions and persons without any impediment.

Article 341. Permit for family members or close relatives to visit a convicted person

Prior to delivering a judgment for execution, a court may permit family members or close relatives of a convicted person on remand to visit the convicted person at their request.

Article 342. Delivery of a judgment for execution

1. A final judgment, except for the cases provided for in Article 337 of this Code, shall be delivered for execution by a court which passed it not later than within three days from the judgment’s becoming final or from the return of a case from an appellate court.

2. An ordinance to execute a judgment shall be drawn up by a judge and sent together with a transcript of the judgment to an executing institution and to a prosecutor supervising the delivery of the judgment for execution. If the judgment has been amended under appeal procedure, a transcript of a judgment or ruling of an appellate court shall be appended to the transcript of the judgment of a court of first instance.

3. If two penalties have been imposed on a convicted person in accordance with Article 63 or 64 of the Criminal Code of the Republic of Lithuania, the documents shall be sent to the executing institutions.

4. In the cases provided for in paragraphs 1 and 2 of this Article, the judgment shall be delivered for execution:

1) in respect of the penalty of community service – to a probation service;

2) in respect of enforced recovery of a fine – to bailiffs;

3) in respect of the penalty of restriction of liberty – to a probation service;

4) in respect of the penalty of arrest – to the place of custody wherein a convicted person is held or wherein he is to serve the sentence, unless the supervision measure of arrest has been imposed on the convicted person prior to the judgment’s becoming final;

5) in respect of a fixed-term custodial sentence and a life custodial sentence – to the place of custody wherein a convicted person is held or to a police station within the territory of activities whereof the convicted person has his place of residence, unless the supervision measure of arrest has been imposed on the convicted person prior to the judgment’s becoming final;

6) in respect of the penal sanction of prohibition to exercise a special right – to a probation service and to an institution which has granted that special right;

7) in respect of the penal sanctions of confiscation of property and extended confiscation of property – to a bailiff or to an institution which conducted a pre-trial investigation;

8) in respect of the penal sanction of deprivation of the right to be employed in a certain position or to engage in a certain type of activities – to a probation service and to the administration of the person’s place of employment and, if this person is deprived of the right to engage in a certain type of activities, to an institution issuing authorisations for such activities;

9) in respect of the penal sanction of a contribution to the Crime Victims Fund – to the administrator of the Crime Victims Fund;

10) in respect of the penal sanction of the obligation to notify about a change of the place of residence or departure therefrom – to a police station within the territory of activities whereof the convicted person has his place of residence in accordance with the procedure laid down by the Commissioner General of the Lithuanian Police;

11) in respect of other penal sanctions – to a probation service;

12) in respect of the application to minors of the reformative sanction of the placement in a special reformative facility – to the administration of a special reformative facility;

13) in respect of the application to minors of other reformative sanctions (with the exception of a warning) – to a probation service;

14) a judgment staying the execution of the entire imposed sentence – to a probation service;

15) a judgment imposing a penalty on the convicted person for a grave or serious crime, a criminal act against the civil service and the public interest or a criminal act of corruptive nature – to an executing institution and to the administration of the convicted person’s place of employment whereat he was employed or was holding a position at the time of commission of the criminal act, if the convicted person continues to be employed or hold the position at that place of employment.

5. If a convicted person is imposed under a judgment the penalty of a fine or the penal sanction of a contribution to the Crime Victims Fund or a court has decided to recover from the convicted person the costs of proceedings, and the convicted person or the property against which recovery may be levied is in another Member State of the European Union, the court may, of its own motion or on a submission of the institution executing the penalty/penal sanction, transmit this penalty or the penal sanction or the decision on the recovery of the costs of proceedings for enforcement to the competent authority of the Member State of the European Union. The decision shall be taken in accordance with the procedure laid down in Article 362 of this Code. The rules for the transmission of enforcement of financial penalties imposed by courts of the Republic of Lithuania to other Member States of the European Union shall be approved by the Government of the Republic of Lithuania.

6. In the cases and in accordance with the procedure laid down by the Law of the Republic of Lithuania on Mutual Recognition and Execution of Decisions of the Member States of the European Union in Criminal Matters, a court may transmit a judgment in respect of certain types of penalties or other measures for execution to another Member State of the European Union.

Article 343. Measures to ensure care for children of a convicted person

If a person who has been imposed the penalty of arrest or a custodial sentence has children under the age of 18 years who are left without the required care, a court delivering the judgment for execution must, unless this has already been done, place them under guardianship or curatorship of family members, close relatives, other persons or institutions and notify the convicted person thereof.

Article 344. Protection of a convicted person’s property

A court delivering a judgment for execution must, unless this has already been done, take measures to preserve a convicted person’s dwelling place and other property. To this end, when delivering the judgment for execution, the court shall concurrently send a written instruction to the executive institution of the municipality of the location of the property and notify the convicted person thereof.

Article 345. Finality and execution of a ruling of a court of first instance

1. A ruling of a court of first instance shall become final and executable upon the expiry of a time limit for appealing against it, unless appealed against. Where an appeal has been filed against the ruling of the court of first instance but the ruling has not been annulled, it shall become final after the appeal is heard by an appellate court or any other court in accordance with the procedure laid down by law.

2. A ruling of a court of first instance which is not subject to appeal shall become final and executable after its pronouncement.

3. A ruling shall be delivered for execution in accordance with the procedure laid down in Article 342 of this Code.

Article 346. Binding nature of a judgment and a ruling

1. A court judgment and a ruling, once they have become final, shall be binding on all state and municipal institutions and officials, undertakings, agencies and organisations as well as persons and must be executed without any objection and impediment on the entire territory of the Republic of Lithuania.

2. Liability for evading or interfering with the execution of a court judgment or a ruling shall be established by laws of the Republic of Lithuania.

3. The delivery of a judgment for execution shall be supervised by a prosecutor. The prosecutor shall, within his remit, have the right to evoke the file of a criminal case in which a final court judgment is to be executed.

Article 347. Execution of several non-executed judgments

Where a convicted person has other totally or partially non-executed judgments which were unknown to a court which passed the most recent judgment, the court or any other court of the same level or a higher court must, according to the place of execution of the most recent judgment, take a decision on the procedure for executing the sentences provided for in the totally or partially non-executed judgments.

Article 348. General procedure for executing a judgment

1. An institution, an agency or an undertaking which received a judgment for execution shall, not later than on the next day, notify thereof a court which delivered the judgment for execution and a prosecutor supervising the delivery of the judgment for execution.

2. Institutions executing the penalties of arrest and a custodial sentence must notify a court which passed a judgment and the family or close relatives of a convicted person of the place where the sentence is to be served.

3. Having fulfilled the requirements provided for in paragraphs 1 and 2 of this Article, the state institutions executing a judgment shall, in respect of a convicted person, act in compliance with the Penal Code of the Republic of Lithuania and other legal acts governing penalties, penal sanctions and reformative sanctions against minors as well as probation.

Article 349. No longer effective from 5 July 2011.

Article 350. No longer effective from 5 July 2011.

Article 351. Execution of a judgment imposing community service

1. A court which pronounced a judgment shall, without delay, instruct a convicted person as to the procedure and conditions of serving sentences regarding the penalty of community service imposed as well as his rights and duties.

2. The court may, on a submission of an executing institution, replace the penalty of community service by another penalty or release the convicted person from serving the sentence and impose a penal sanction on him in the cases provided for in Article 46 of the Criminal Code of the Republic of Lithuania.

3. The penalty of community service shall be replaced by another penalty in accordance with the procedure laid down in Article 362 of this Code.

Article 352. Execution of a judgment imposing a fine

1. A court which pronounced a judgment shall, without delay, instruct a convicted person as to the procedure for and conditions of voluntary and enforceable serving sentences regarding the penalty imposed, his rights and duties and shall lay down a time limit within which he must voluntarily pay a fine.

2. Where the fine is not paid voluntarily, it shall be enforced by a bailiff under an enforceable document issued by the court which passed the judgment.

3. The court may replace the fine by another penalty in the cases provided for in Article 47 of the Criminal Code of the Republic of Lithuania.

4. The fine shall be replaced by another penalty in accordance with the procedure laid down in Article 362 of this Code.

Article 353. Execution of a judgment imposing restriction of liberty

1. A court which pronounced a judgment shall, without delay, instruct a convicted person as to the procedure for and conditions of serving sentences regarding the penalty of restriction of liberty imposed upon him as well as his rights and duties.

2. The court shall replace the penalty of restriction of liberty by another penalty or shall modify the conditions of serving it in the cases provided for in Article 48 of the Criminal Code of the Republic of Lithuania.

3. The penalty of restriction of liberty shall be replaced or the conditions of serving it shall be modified in accordance with the procedure laid down in Article 362 of this Code.

Article 354. Execution of a judgment imposing arrest

A court which pronounced a judgment shall, without delay, instruct a convicted person as to the procedure for and conditions of serving sentences regarding the penalty of arrest imposed upon him as well as his rights and duties.

Article 355. Execution of a judgment imposing a fixed-term custodial sentence

A court which pronounced a judgment shall, without delay, instruct a convicted person as to the procedure for and conditions of serving sentences regarding a fixed-term custodial sentence imposed upon him as well as his rights and duties.

Article 356. Execution of a judgment imposing a life custodial sentence

A court which pronounced a judgment shall, without delay, instruct a convicted person as to the procedure for and conditions of serving sentences regarding a life custodial sentence imposed on him as well as his rights and duties.

Article 357. Execution of a judgment imposing a penal sanction

1. A court which pronounced a judgment imposing also a penal sanction shall, without delay, instruct a convicted person as to the content and duration of the penal sanction imposed, the procedure for and conditions of its enforcement, the rights and duties of the convicted person.

2. A court which pronounced a judgment shall make public the fact of deprivation of public rights in respect of a convicted person on a special website after the judgment becomes final.

3. If prohibition to exercise a special right or deprivation of the right to be employed in a certain position or to engage in a certain type of activities or deprivation of public rights or the obligation to notify of a change of the place of residence or departure therefrom has been imposed together with the penalty of a custodial sentence or arrest, the enforcement of these penal sanctions shall commence when the convicted person has served his sentence or is conditionally released from a correctional facility. The administration of the correctional facility shall, not later than within three working days, send a notification of the release of the convicted person from the correctional facility, prohibition to exercise a special right or deprivation of the right to be employed in a certain position or to engage in a certain type of activities, or deprivation of public rights, or the obligation to notify an executing institution of a change of the place of residence or departure therefrom.

4. If the stay of execution of a sentence or conditional release from a correctional facility is lifted and a convicted person is referred to the correctional facility, the enforcement of the penal sanctions of prohibition to exercise a special right or deprivation of the right to be employed in a certain position or to engage in a certain type of activities or deprivation of public rights or imposition of the obligation to notify about a change of the place of residence or departure therefrom shall be stayed until the emergence of the grounds for the enforcement of these penal sanctions as specified in paragraph 3 of this Article.

5. An employer, a state or municipal institution, agency or undertaking, a non-governmental organisation shall, not later than on the next working day following the receipt of a transcript of a court judgment and acting in accordance with the procedure laid down by laws of the Republic of Lithuania, terminate an employment contract with a convicted person or dismiss him from the civil service if the convicted person is employed in or holds a position prohibited by the court judgment or revoke an authorisation issued to the convicted person to engage in a certain type of activities and shall, not later than within two working days, notify thereof the court which passed the judgment and the institution enforcing deprivation of the right to be employed in a certain position or to engage in a certain type of activities. A person who has fulfilled the penal sanction of deprivation of the right to engage in a certain type of activities shall be issued an authorisation to engage in a certain type of activities in accordance with the general procedure laid down by laws of the Republic of Lithuania.

6. If a penal sanction imposed by a judgment is confiscation of property or extended confiscation of property, in the cases when the confiscated property has been seized and is at the disposal of a state institution or the ownership rights to this property have been restricted, a court which passed the judgment shall send a transcript of the judgment and transcripts of the documents of the confiscated property to an institution which conducted a pre-trial investigation, and the latter shall resolve the issue of transferring the confiscated property for realisation or destruction. In the cases when the rights of ownership to the property to be confiscated have not been restricted in the course of the pre-trial investigation or when, in the case specified in Article 72(5) of the Criminal Code of the Republic of Lithuania, the court decides to recover a sum of money equivalent to the value of the property to be confiscated, the court which passed the judgment shall send the transcript of the judgment, transcripts of the documents of the confiscated property and an enforceable document to a bailiff of the place of execution of the judgment. The bailiff shall enforce confiscation of the property and recovery of the sums of money in accordance with the procedure laid down by the Code of Civil Procedure of the Republic of Lithuania.

7. No longer effective from 1 January 2020.

8. In the cases provided for in Article 74 of the Criminal Code of the Republic of Lithuania, a court may replace one penal sanction by another one in accordance with the procedure laid down in Article 362 of this Code in respect of the convicted persons who have been imposed the penal sanction of compensation for or elimination of material damage or unpaid reformative work or a contribution to the Crime Victims Fund.

Article 358. Execution of a judgment staying the execution of a sentence in respect of a convicted person

1. A court which pronounced a judgment shall, without delay, instruct a convicted person in respect whereof the execution of a sentence has been stayed as to the procedure for and conditions of execution of the judgment as well as his rights and duties.

2. If the execution of the sentence has been stayed in part, the stay shall commence when the convicted person has served the part of the sentence specified in the judgment. The administration of a correctional facility shall, not later than within three working days from the release of the convicted person from the correctional facility, send the court judgment with an ordinance to a probation service.

3. For a convicted person for whom the execution of a sentence has been stayed in accordance with Article 75 or 92 of the Criminal Code of the Republic of Lithuania, the conditions of the stay of execution of the sentence shall be modified or the stay of execution of the sentence shall be lifted and the convicted person shall be referred to serve the imposed sentence, with the exception of the case referred to in Article 1641 of the Penal Code of the Republic of Lithuania, by a district court of the convicted person’s place of residence on a submission of a probation service.

4. In the case referred to in Article 1641 of the Penal Code of the Republic of Lithuania, the stay of execution of a sentence imposed on a convicted person shall be lifted by a district court of the place where the sentence is to be served on a submission of a correctional facility.

5. Upon receipt of a submission of a correctional facility or a probation service referred to in Article 1641 of the Penal Code of the Republic of Lithuania or in Article 30(2) of the Law of the Republic of Lithuania on Probation, a court shall take a decision thereon not later than within three working days from the receipt of the submission.

6. A court shall consider the issues referred to in paragraphs 3, 4 and 5 of this Article at a court hearing. This hearing shall be attended by a prosecutor and the representative of the institution which made the submission. A convicted person or his legal representative and his defence counsel shall be summoned to the court hearing, however failure of these persons to appear shall not have suspensory effect on the consideration of the issue.

7. The hearing of a case shall commence with a report of a judge. The court shall subsequently hear the persons who have appeared for the court hearing.

8. The court shall modify the conditions of the stay of execution of a sentence imposed on the convicted person or lift the stay of execution of the sentence and shall refer the convicted person to serve the sentence by a reasoned ruling. A transcript of the ruling shall be sent to a court of first instance which heard the case.

Article 359. Release of a convicted person from serving a sentence on grounds of illness

1. In the cases provided for in Article 76 of the Criminal Code of the Republic of Lithuania, a convicted person shall be released from serving a sentence by a court on a submission of an executing institution and based on a conclusion of a medical commission.

2. The submission to release the convicted person from serving the sentence on grounds of illness shall be considered at a court hearing in accordance with the procedure laid down in Article 362 of this Code.

3. If the person begins to suffer from a mental illness and it may be necessary to apply to him compulsory medical measures, the submission shall be considered in accordance with the procedure laid down in Articles 402 and 403 of this Code.

Article 360. Conditional release from correctional facilities

1. In the cases provided for in the Penal Code of the Republic of Lithuania, issues regarding decisions of the Commission for Conditional Release from Correctional Facilities shall be considered and resolved by a ruling of a district court of the place where a sentence is to be served under the written procedure. Parties to proceedings shall not be summoned to a court hearing.

2. When considering the issue regarding the validation of a decision of the Commission for Conditional Release from Correctional Facilities to apply to a convicted person conditional release from a correctional facility, the court shall notify the convicted person and a prosecutor of the fixed date of consideration of the issue. Having assessed whether the conclusions set out in the decision of the Commission for Conditional Release on Parole from Correctional Facilities are in conformity with the factual circumstances and whether the conditions of conditional release from a correctional facility as laid down in the Penal Code of the Republic of Lithuania have been correctly applied, the court shall issue a reasoned ruling to validate or not to validate this decision. If there is an appeal regarding the decision of the Commission for Conditional Release from Correctional Facilities to apply to the convicted person conditional release from the correctional facility, the court shall consider this issue and resolve it together with the appeal.

3. When hearing the appeal against the decision of the Commission for Conditional Release from Correctional Facilities, the court shall, within three working days from the receipt of the appeal, notify the convicted person and the prosecutor of the received appeal and the right to submit a statement of defence within 14 days from the dispatch of the notification as well as of the fixed date of consideration of the issue. At the request of the court, an executing institution shall provide the person’s case file at least five days prior to the consideration of the issue in court.

4. Having heard the appeal against the decision of the Commission for Conditional Release from Correctional Facilities, the court shall issue one of the following rulings:

1) to dismiss the appeal;

2) to uphold the appeal and to apply to the convicted person conditional release from the correctional facility – when considering the issue of a decision of the Commission for Conditional Release from Correctional Facilities not to apply to the convicted person conditional release from the correctional facility;

3) to uphold the appeal and to amend the decision of the Commission for Conditional Release from Correctional Facilities – when considering an issue not listed in point 2 of this paragraph.

5. No longer effective from 1 July 2020.

6. No longer effective from 1 July 2020.

7. Transcripts of the court rulings referred to in this Article shall be sent to the convicted person and the prosecutor not later than on the next working day after the issue of the rulings. The rulings shall be appealed against and the appeals shall be heard in accordance with the procedure laid down in Article 364 of this Code.

8. For a convicted person who has been conditionally released from the correctional facility in accordance with Article 157 of the Penal Code of the Republic of Lithuania, the conditions of probation shall be modified or conditional release from a correctional facility shall be revoked and the convicted person shall be referred to serve the remainder of a custodial sentence imposed by a judgment by a district court of the convicted person’s place of residence on a submission of a probation service in accordance with the procedure laid down in Article 362 of this Code.

9. Upon receipt of the submission of the probation service referred to in Article 30(2) of the Law of the Republic of Lithuania on Probation, the court shall take a decision thereon not later than within three working days from the receipt of the submission.

Article 3601. Procedure for replacing a life custodial sentence by a fixed-term custodial sentence

1. In the case referred to in Article 51(2) of the Criminal Code of the Republic of Lithuania, the issue of replacement of a life custodial sentence imposed on a convicted person by a fixed-term custodial sentence shall be considered and resolved by a reasoned ruling of a judicial panel of three judges of a district court of the place where the sentence is to be served on a submission of an executing institution. When considering the issue of replacement of a life custodial sentence by a fixed-term custodial sentence, a prosecutor and the representative of the executing institution shall participate in a court hearing. The convicted person and, at the request of the convicted person, his defence counsel, a victim or his representative shall be summoned to appear for this court hearing, however, failure of these persons to appear for the court hearing shall not have suspensory effect on the consideration of the issue, unless the court rules that their presence is necessary.

2. In the case referred to in paragraph 1 of this Article, the consideration of the issue shall commence with a report of the presiding judge of the hearing. The court shall subsequently hear the persons who have appeared for the hearing.

3. Transcripts of a court ruling shall, not later than on the next working day following the issue of the ruling, be sent to the prosecutor, the executing institution, the convicted person, his defence counsel, the victim or his representative.

4. The prosecutor, the convicted person or his defence counsel, the victim or his representative shall have the right to appeal against the court ruling. The ruling shall be appealed against and the appeal shall be heard in accordance with the procedure laid down in Article 364 of this Code.

Article 361. Elimination of doubts and ambiguities emerging in the course of execution of a judgment

1. In the course of execution of a judgment, a court shall have the right to resolve doubts emerging from the judgment, unless the resolution thereof changes the substance of the judgment.

2. A court shall have the right to take the following decisions: to lift a supervision measure in cases where a judgment of acquittal or a judgment imposing a conviction on an accused person and releasing him from serving a sentence does not indicate that the supervision measure is lifted; to lift measures to secure a civil claim, confiscation of property or extended confiscation of property, unless these measures have been lifted by a judgment of acquittal or a judgment dismissing the claim or not imposing confiscation of property; to include pre-trial detention in the term of a sentence if pre-trial detention is not included or is not included accurately in a court judgment; to include a sentence served in the cases when the sentence has been imposed on the basis of several judgments and if the sentence served is not included or is not included accurately in a court judgment; regarding material evidence if the issue thereof is not resolved in a court judgment; regarding the determination of the amount of costs of proceedings and the allocation thereof if these issues are not resolved in a court judgment; regarding children of a convicted person left without his care and their placement under guardianship or curatorship of close relatives, other persons or institutions if these issues are not resolved by the court in a judgment; regarding specification of employment or engagement in activities if a judgment imposing the penal sanction of deprivation of the right to be employed in a certain position or to engage in a certain type of activities does not specify such employment or activities; regarding correction of the misspelled forename, surname or other biographical data of a convicted person as entered in a judgment, as well as correction of spelling and arithmetic errors and other inaccuracies.

3. A court may eliminate the ambiguities which have emerged since the passing of a judgment if the circumstances existing prior to its execution have changed. The court may take decisions regarding: confiscation of additionally found property which was acquired by a convicted person prior to the passing of the judgment and is subject to confiscation under law; the adjustment of a list of objects and articles subject to confiscation pursuant to the court judgment if the judgment provides for confiscation of a part of the property belonging to the convicted person, as well as regarding other ambiguities.

4. A court shall consider and resolve doubts and ambiguities emerging in the course of execution of a judgment in accordance with the procedure laid down in Article 362 of this Code.

Article 362. Procedure for resolving the issues related to the execution of a judgment

1. Issues regarding the release of a convicted person from serving a sentence on grounds of illness in accordance with Article 359 of this Code, the replacement of community service by another penalty or, upon the release from the penalty of community service, the imposition of a penal sanction in lieu of this penalty in accordance with Article 351 of this Code, the conditions of serving sentences regarding the penalty of restriction of liberty or the replacement of this penalty by another penalty in accordance with Article 353 of this Code, the replacement of one penal sanction by another penal sanction in accordance with Article 357 of this Code shall be considered and decided by a ruling by a district court of the place where the convicted person’s sentence is to be served. A court hearing may, and where a submission or a request has been submitted on the grounds aggravating the position of the convicted person a court hearing must, be held in order to resolve these issues. Where the issue of release of the convicted person from serving a sentence on grounds of illness in accordance with Article 359 of this Code is considered at the court hearing, a representative of a medical commission which has presented a conclusion on the state of health of the convicted person and a prosecutor shall participate in the court hearing, and in all other cases – the representative of an executing institution and a prosecutor. Where necessary, the court may, and where a submission or a request has been submitted on the grounds aggravating the position of the convicted person the court must, summon also the convicted person, however his failure to appear shall not have suspensory effect on the resolution of the issue.

2. Issues regarding the replacement of a fine for a convicted person by another penalty shall be considered and resolved by a ruling of a court which passed a judgment in accordance with Article 352 of this Code. Issues regarding the conditional release of the convicted person from a correctional facility shall be considered and resolved by a ruling of a district court of the place where a sentence is to be served in accordance with Article 360(8) of this Code. A court hearing attended by the representative of an executing institution may, and where a submission or a request has been submitted on the grounds aggravating the position of a convicted person a court hearing must, be held in order to resolve the issues referred to in this paragraph. The court shall summon to the hearing the convicted person, a prosecutor and a defence counsel, however, failure of these persons to appear shall not have suspensory effect on the resolution of the issue.

3. Issues regarding fines, compensation for or elimination of property damage, contributions to the Crime Victims Fund, execution of confiscation of property and of extended confiscation of property or transfer of the recovery of costs of proceedings to the competent authority of a Member State of the European Union shall be considered and resolved in accordance with Article 342 of this Code by a ruling of the court which passed a judgment. A court hearing may be held to resolve these issues. Where necessary, the court shall summon to the court hearing a prosecutor, a defence counsel and other parties to the proceedings, however, failure of these persons to appear shall not have suspensory effect on the resolution of the issue.

4. Issues regarding the doubts and uncertainties arising in the course of execution of a judgment in accordance with Article 361 of this Code as well as issues provided for in the Penal Code of the Republic of Lithuania shall be considered and resolved by a ruling of the court which passed the judgment. The issues referred to in the Law of the Republic of Lithuania on Probation shall be considered and resolved by a ruling of a district court of a convicted person’s place of residence. A court hearing may be held to resolve the issues referred to in this paragraph. Where necessary, the court shall summon to the court hearing a prosecutor, a defence counsel and other parties to the proceedings, however, failure of these persons to appear shall not have suspensory effect on the resolution of the issue.

5. In the cases when a court hearing is not held to resolve the issues referred to in this Article, the court shall, not later than within three days from the receipt of a submission or an request by the court, notify the persons concerned of the date of the consideration of the received submission, request or the issue considered of the court’s own motion and of the right to submit a statement of defence, motions for challenge and other requests within 14 days from the dispatch of the notification. Where the court hearing is not held, the issues referred to in this Article must be considered in court within seven days from the expiry of the time limit for the submission of statements of defence.

6. Where a court hearing is held to resolve the issues referred to in this Article, the consideration of the issue shall commence with a report of the presiding judge of the hearing. The court shall subsequently hear the persons who have appeared for the hearing.

7. The court shall issue its ruling in the deliberation room.

Article 3621. Procedure for applying a law nullifying the criminality of an act, commuting a sentence or otherwise mitigating the legal position of the perpetrator of the act

1. A law nullifying the criminality of an act, commuting a sentence or otherwise mitigating the legal position of the perpetrator of the act shall be applied by a court hearing a case at first instance based on requests of the convicted person or his defence counsel, submissions of a prosecutor or an executing institution.

2. When submitting requests or making submissions referred to in paragraph 1 of this Article and issuing court rulings, the provisions of Article 3 of the Criminal Code shall apply.

3. A court hearing attended by a prosecutor may be held to hear a request or a submission. A convicted person who is not custody and, at the request of the convicted person, a defence counsel shall be summoned to participate in this court hearing. A convicted person serving a custodial sentence shall be summoned to the court hearing if necessary. Failure of the convicted person and the defence counsel to appear for the court hearing shall not have suspensory effect on the hearing of the case, unless the court rules that their presence is necessary. Where the court hearing is not held, the court shall, not later than within three days from the receipt of the request or the submission by the court, notify these persons of the date of the hearing of the received request or submission and of the right to submit a statement of defence, motions for challenge and other requests. Where the court hearing is not held, the issues referred to in this Article must be considered in court within seven days from the expiry of the time limit for the submission of statements of defence.

4. Having established that a request or a submission is well-founded, the court shall issue a ruling on release from a penalty, commutation of a sentence, reclassification of an act or expiry of conviction. If during the hearing of a criminal case a penalty was imposed in compliance with Articles 63 or 64 of the Criminal Code, the court shall impose a new combined sentence.

5. Having established that a request or a submission is unfounded, the court shall issue a ruling to reject the request or the submission.

6. A prosecutor, a convicted person and his defence counsel shall have the right to appeal against a court ruling. The ruling shall be appealed against and the appeal shall be heard in accordance with the procedure laid down in Article 364 of this Code. A ruling of the court which has heard the appeal shall not be subject to appeal.

Article 363. Procedure for reducing the length of conviction or expunging conviction

1. A request of the person who has served a sentence for reduction of the length of conviction or expungement of conviction shall be heard by a district court according to the place of residence of the person who has served the sentence in accordance with Article 97 of the Criminal Code of the Republic of Lithuania.

2. The court shall hear the request for reduction of the length of conviction or expungement of conviction at a court hearing upon having evoked a transcript of a judgment or a case file as well as other necessary documents describing the person who has served the sentence, his occupational activities and conduct. The person who has served the sentence and has submitted the request must appear for the court hearing.

3. The consideration of the issue of reduction of the length of conviction or expungement of conviction shall commence with a report of the presiding judge of the hearing. The court shall subsequently examine the available documents, hear the person who has served the sentence.

4. The court shall issue a ruling on reduction of the length of conviction or expungement of conviction in the deliberation room.

5. If the court issues a ruling to reject the request for reduction of the length of conviction or expungement of conviction, the court may reconsider these issues not earlier than one year after the rejection of the request.

Article 364. Appeal against rulings related to the execution of a judgment and hearing of appeals

1. An appeal against a ruling of a district court related to the execution of a judgment shall be heard by a regional court, and an appeal against a ruling of a regional court – by the Court of Appeal of Lithuania.

2. Rulings on the issues referred to in Articles 361, 362, 3621, 363, 365 and 3651 of this Code may be appealed against by a prosecutor, a convicted person, a person in respect of whose property a decision on confiscation has been taken and their defence counsel, the legal representative of a minor convicted person, the representative of a legal person and, where the issue is related to the execution of a judgment in respect of a civil claim, also by a civil claimant and a civil defendant or their representatives.

3. An appeal against a ruling of a district court shall be filed with a regional court, against a ruling of a regional court – with the Court of Appeal of Lithuania within seven days from the receipt of the ruling. For a prosecutor, the defence counsel of a convicted person and the legal representative of a minor convicted person in respect of the court rulings referred to in Article 360(2) and (4) of this Code and for a convicted person on remand, this time limit shall run from the service of a transcript of a ruling thereon. The appeal shall be filed through the court which issued the ruling. The court which has received the appeal shall, within three days from the receipt thereof by the court, notify the persons referred to in paragraph 2 of this Article of the received appeal and of the right to submit to a higher court a statement of defence, motions for challenge and other requests within 14 days from the dispatch of the notification, and shall transmit the appeal together with the material to the appropriate court.

4. Filing of an appeal shall have suspensory effect on the execution of court rulings to stay the execution of a judgment, to release a convicted person from serving a sentence on grounds of illness and rulings on the basis whereof the convicted person is to be conditionally released.

5. The chair of a higher court or the chair of the criminal division thereof shall assign an appeal to a judge or a judicial panel of three judges and shall approve one of these judges as the chair of the judicial panel. Where a ruling appealed against was issued by a single judge in a lower court, the appeal shall be heard by a single judge in a higher court; where a ruling was issued by a judicial panel in a lower court, the appeal shall be heard by a judicial panel of three judges in a higher court.

6. Where an appeal has been filed on the grounds aggravating the position of a convicted person, a court hearing may, and in other cases must, be held to hear the appeal which may be attended by a prosecutor, a person who filed the appeal, also a convicted person and his defence counsel. Failure of these persons to appear, provided that they were informed in due time of the date of the court hearing, shall not have suspensory effect on the hearing of the appeal. If the appeal seeks to aggravate the position of the convicted person, the convicted person on remand shall, where necessary, be delivered before the court.

7. When hearing an appeal at a court hearing, a person who filed it may provide clarifications to adjust and supplement the arguments of the appeal, as well as submit documents related to the appeal. The persons participating in the hearing shall have the right to provide clarifications concerning the appeal. The appeal must be heard within seven days from the receipt of the appeal by a higher court or, where a court hearing is not held, within seven days from the expiry of a time limit for submitting statements of defence.

8. Having heard an appeal, a court shall issue one of the following rulings:

1) to dismiss the appeal and to uphold a court ruling;

2) to annul a court ruling and to take a new decision on the appeal;

3) to amend a court ruling.

9. A ruling of a regional court and the Court of Appeal of Lithuania shall become final from the issue thereof and shall not be subject to appeal.

Article 365. Execution of judgments of courts of foreign states and decisions of the International Criminal Court

1. Judgments of courts of foreign states and decisions of the International Criminal Court shall be executed in the Republic of Lithuania on the basis of international treaties of the Republic of Lithuania in accordance with the rules laid down therein and in Part VII of this Code.

2. A request of a competent authority of a foreign state for execution in respect of a penalty, a penal sanction or a reformative sanction imposed by a court of the foreign state shall be heard by a district court of the place of residence of a convicted natural person or the location of the registered seat of a convicted legal person. This rule shall not apply to execution of custodial sentences and compulsory medical measures.

3. A custodial sentence imposed by a judgment of a court of a foreign state shall be adapted to requirements of the criminal and penal laws of the Republic of Lithuania in the cases and under the conditions provided for in an international treaty of the Republic of Lithuania and the type of a correctional facility shall be determined by a district court in the territory of activities whereof the place of custody of the convicted person taken over from the foreign state is located on a submission of the administration of the correctional facility executing this custodial sentence. Where the convicted person is within the territory of the Republic of Lithuania and he is not in custody, the issue of adaptation of the custodial sentence shall be decided by the district court of the convicted person’s place of residence upon receipt of a request from the Ministry of Justice of the Republic of Lithuania.

4. A court shall resolve the issues referred to in paragraphs 2 and 3 of this Article by issuing a ruling in accordance with the procedure laid down in Article 362 of this Code. A convicted person, his defence counsel and a prosecutor may appeal against the court ruling in accordance with the procedure laid down in Article 364 of this Code.

5. A compulsory medical measure applied by a court of a foreign state shall be adapted to laws of the Republic of Lithuania by a district court of the place of application of the measure upon receipt of a request of the Ministry of Justice of the Republic of Lithuania. A court ruling on this issue shall be issued and may be appealed against in accordance with the procedure laid down in Article 405 of this Code.

Article 3651. Recognition of a financial penalty imposed by the competent authority of a Member State of the European Union in the Republic of Lithuania

1. A financial penalty imposed by the competent authority of a Member State of the European Union shall be recognised by a district court of the place of residence of a natural person on whom the financial penalty has been imposed or of the location of the registered seat of a legal person on which the financial penalty has been imposed. If the natural person on whom the financial penalty has been imposed does not have a place of residence in the Republic of Lithuania or if the legal person on whom the financial penalty has been imposed does not have a registered seat in the Republic of Lithuania, the financial penalty shall then be recognised by a district court of the location of the property or the principal part thereof against which recovery may be levied.

2. Upon receipt of the decision of the competent authority of the Member State of the European Union imposing the financial penalty, the district court shall, within seven days from the receipt of the decision, hold a court hearing. The court shall summon to the hearing the person on whom the financial penalty has been imposed, his defence counsel and a prosecutor, however, failure of these persons to appear shall not have suspensory effect on the consideration of the issue. The consideration of the issue shall commence with a report of the presiding judge of the hearing. Thereafter, the court shall hear the persons who have appeared for the hearing and shall issue a ruling to recognise the financial penalty or a ruling to refuse to recognise the financial penalty. The court shall issue the ruling in the deliberation room.

3. The court shall refuse to recognise the financial penalty where:

1) the enforcement of the financial penalty would violate fundamental human rights and freedoms;

2) the decision against the person on whom the financial penalty has been imposed in respect of the same acts has been delivered in the Republic of Lithuania or in any state other than the issuing State, and that decision has been executed;

3) the financial penalty has been imposed in respect of an act which does not constitute a crime or a misdemeanour under the Criminal Code of the Republic of Lithuania, except for the cases where the financial penalty has been imposed in respect of the criminal acts listed in Article 5(1) of Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties;

4) the financial penalty has been imposed in respect of an act which may be covered by the criminal law of the Republic of Lithuania, and the limitation period for the execution of a judgment of conviction as provided for in Article 96 of the Criminal Code of the Republic of Lithuania has expired;

5) the person on whom the financial penalty has been imposed enjoys immunity from criminal jurisdiction under international law or laws of the Republic of Lithuania;

6) at the time of committing an act, the person on whom the financial penalty has been imposed due to his age could not yet have been held criminally liable under the Criminal Code of the Republic of Lithuania for the criminal act committed by him;

7) the financial penalty has been imposed in accordance with the written procedure and the person on whom the financial penalty has been imposed was not, in accordance with the law of the issuing State, informed in person or via a representative, competent according to the national law of the issuing State, of his right to contest the case and of the time limits for such a remedy;

8) the financial penalty has been imposed in the absence of the person on whom the financial penalty has been imposed, unless the certificate referred to in point 11 of paragraph 3 of this Article states that the person, having been informed about the proceedings under the law of the issuing State and the possibility to appear in person for the hearing of the case, expressly waived the right to participate in the hearing of the case under the oral procedure and expressly indicated that he did not contest the case;

9) the financial penalty has been imposed on the person who did not appear in person for the hearing of the case in court which led to the decision rendered in absentia, unless the certificate referred to in point 11 of paragraph 3 of this Article states that:

a) he was summoned in person in due time or by other means actually received official information of the scheduled date and place of the hearing of the case in such a manner that it was unequivocally established that he was aware of the scheduled hearing of the case, and he was also informed that a decision may be handed down if he did not appear for the hearing of the case, or

b) while being aware of the scheduled hearing of the case, the person had given a mandate to a defence counsel who was chosen by him or who was appointed by the State to defend him during the hearing of the case, and was indeed defended by that defence counsel during the hearing of the case, or

c) after being served with the decision and being expressly informed about the right to a retrial or appeal in which he has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined and which may lead to the original decision being quashed, the person expressly stated that he did not contest the decision or did not request a retrial or an appeal in the applicable timeframe;

10) the amount of the financial penalty is below the amount provided for in Article 7(2)(h) of Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties;

11) the certificate provided for in Article 4 of Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties is not produced or is incomplete or manifestly does not correspond to the decision delivered against the person on whom the financial penalty has been imposed;

12) the documents received have not been translated into Lithuanian or English.

4. In the cases provided for in points 1, 4, 7, 8, 9, 11 and 12 of paragraph 3 of this Article, a court shall request the competent authority of a Member State of the European Union to provide additional information within a time limit laid down by the court. In such a case, the court shall adjourn a hearing. If the required information is not received within the time limit laid down by the court, the court shall issue a ruling to refuse to recognise the financial penalty.

5. Where necessary, the amount to be paid shall, under a court ruling, be converted in accordance with the euro foreign exchange reference rates published by the European Central Bank or, where the European Central Bank does not publish the euro foreign exchange reference rates, in accordance with the euro foreign exchange reference rates established and published by the Bank of Lithuania at the time when the financial penalty was imposed. Where the competent authority of a Member State of the European Union imposes a financial penalty in respect of an act not committed within the territory of that State and where this act may be covered by the law of the Republic of Lithuania, the court shall reduce the amount of the financial penalty to be paid to the maximum amount provided for a criminal act of the same kind under the Criminal Code of the Republic of Lithuania.

6. Where the court decides to refuse to recognise the financial penalty, the competent authority of a Member State of the European Union shall be notified without delay of this ruling and the reasons for issuing it.

7. The prosecutor, the person on whom the financial penalty has been imposed or his defence counsel may appeal against a court ruling to recognise the financial penalty or a court ruling to refuse to recognise the financial penalty in accordance with the procedure laid down in Article 364 of this Code.

Article 3652. Enforcement of a financial penalty imposed by the competent authority of a Member State of the European Union in the Republic of Lithuania

1. A financial penalty imposed by the competent authority of a Member State of the European Union and recognised in accordance with the procedure laid down in Article 3651 of this Code shall be enforced in accordance with the relevant laws of the Republic of Lithuania and having regard to the specific features provided for in this Article.

2. No longer effective from 1 July 2018.

3. Depending on its nature, a financial penalty or parts thereof must be paid into the accounts of a territorial state tax inspectorate, the Crime Victims Fund or a victim or third parties. Where necessary, a court shall specify by a ruling the institutions or persons into accounts whereof the relevant parts of the financial penalty must be paid.

4. Where a person on whom the financial penalty has been imposed provides data that all financial penalties or parts thereof were paid in another state, a court shall refer in writing to a competent authority of the Member State of the European Union requesting to provide all necessary information without delay. Upon receipt of a reply of the competent authority of the Member State of the European Union, the court shall deduct the recovered parts of the financial penalty from the amount to be recovered in the Republic of Lithuania. If necessary, a court hearing may be held in which the person on whom the financial penalty has been imposed, his defence counsel and a prosecutor shall have the right to participate.

5. The financial penalty may be replaced by an alternative penalty or penal sanction only in the cases and to the extent specified in advance by the competent authority of the Member State of the European Union which has imposed the financial penalty in a certificate as provided for in Article 4 of Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties.

6. The person on whom the financial penalty has been imposed may be granted amnesty or pardon in whole or in part.

7. Upon receipt of a notification from the competent authority of the Member State of the European Union withdrawing the requirement to enforce the imposed financial penalty, the court shall, without delay, issue a ruling to terminate enforcement of the financial penalty.

8. The competent authority of the Member State of the European Union shall be informed without delay in writing about the enforcement of the financial penalty, its total or partial non-enforcement, its replacement by alternative sanctions or penal sanctions.

Article 3653. No longer effective from 19 December 2020.

Article 3654. No longer effective from 19 December 2020.

Article 3655. Recognition and execution in the Republic of Lithuania of certain types of penalties or other measures as imposed by the Member States of the European Union

Judgments passed by a court of a Member State of the European Union regarding a custodial sentence, decisions regarding penalties not involving deprivation of liberty, confiscation orders and decisions regarding probation shall be recognised and executed in the Republic of Lithuania in accordance with the provisions of the Law of the Republic of Lithuania on Mutual Recognition and Execution of Decisions of the Member States of the European Union in Criminal Matters and Part VII of this Code.

PART VIII

PROCEEDINGS IN A COURT OF CASSATION

CHAPTER XXVI

FILING OF AN APPEAL AGAINST AN FINAL JUDGMENT OR RULING AND PREPARATION OF A CASSATION CASE

Article 366. Court of cassation

1. The Supreme Court of Lithuania shall hear under cassation procedure the cases regarding final judgments or rulings rendered under appeal procedure in courts of first instance and courts of appeal.

2. Cassation cases shall be heard at a court hearing by a judicial panel of three justices or an extended judicial panel of seven justices of the Criminal Division of the Supreme Court of Lithuania or a plenary session of the Criminal Division of the Supreme Court of Lithuania, or a mixed judicial panel of three justices or extended judicial panel of seven justices of the Criminal Division and the Civil Division of the Supreme Court of Lithuania, or a plenary session of the Supreme Court of Lithuania.

Article 367. Right to appeal against a court judgment or ruling under cassation procedure

1. A prosecutor, a victim, his representative, a convicted person, an acquitted person, a person whose case has been dismissed, his defence counsel and legal representative, a person whereto compulsory medical measures have been applied or have not been applied, his defence counsel and legal representative, family members or close relatives, also a civil claimant, a civil defendant and their representatives, a bailsperson, a person whose property or a sum of money equivalent to its value has been forfeited and their representative shall have the right to appeal against a final judgment or ruling on the grounds provided for in Article 369 of this Code.

2. The defence counsel of the convicted person, the acquitted person or the person whose case has been dismissed shall have the right to file an appeal in cassation only if this does not contradict the will of the defendant expressed in writing. In the cases when the case was heard in the absence of an accused person, the defence counsel of the convicted person, the acquitted person or the person whose case has been dismissed may file an appeal in cassation, unless there is the will of the convicted person, the acquitted person or the person whose case has been dismissed expressed in writing. The defence counsel of a person who, by reason of his physical or mental impairments, is unable to exercise his right to defence and of a minor may file an appeal in cassation regardless of the will of the defendant. A civil claimant, a civil defendant and their representatives shall have the right to appeal against a judgment or a ruling only in respect of a civil claim. A bailsperson, a person whose property or a sum of money equivalent to its value has been forfeited, their representative may appeal against a judgment or a ruling only in respect of the decision in question.

3. Judgments or rulings which have not been appealed against or heard under appeal procedure shall not be appealed against or heard under cassation procedure. A final judgment or ruling may be appealed against under cassation procedure only in respect of the issues which were considered in an appellate court.

4. Only the rulings listed in Article 318(1) and Article 326(1) and (5) of this Code shall be appealed against under cassation procedure.

5. Repeated cassation appeals shall not be admitted or heard. A repeated appeal in cassation shall be a cassation appeal filed in a criminal case by the same party to proceedings for the second time after completing the hearing of the case by a court of cassation, also an appeal filed by the defence counsel of an adult convicted person or acquitted person or person whose case has been dismissed in his own name upon completion of the hearing of the case under an appeal in cassation of the convicted person, the acquitted person or the person whose case has been dismissed, or an appeal filed by a convicted person or an acquitted person or a person whose case has been dismissed upon completion of the hearing of the case under an appeal filed by the defence counsel of the adult convicted person or acquitted person or person whose case has been dismissed.

Article 368. Appeal in cassation

1. A final court judgment or ruling shall be appealed against by an appeal in cassation.

2. An appeal in cassation must indicate: the name of a court of cassation; a judgment or ruling appealed against; legal arguments substantiating grounds for filing the appeal and hearing the case under cassation procedure as referred to in Article 369 of this Code; the request of the appellant in cassation. The appeal in cassation shall be signed by the appellant in cassation.

3. The appellant in cassation shall have the right to withdraw the appeal in writing. An appeal filed by a prosecutor may also be withdrawn by a senior prosecutor. A defence counsel may withdraw his appeal only upon coordination thereof in writing with a convicted person, an acquitted person or a person whose case has been dismissed. Coordination shall not be necessary with a person who, by reason of his physical or mental impairments, is unable to exercise his right to defence or with a minor. It shall be permitted to withdraw an appeal in cassation before the commencement of the hearing of a case in court. If, at the time of withdrawal of the appeal, the time limits referred to in Article 370 of this Code have not expired, a new appeal in cassation may be filed.

Article 369. Grounds for filing an appeal and hearing a case under cassation procedure

1. A final judgment or ruling shall be appealed against and cases shall be heard under cassation procedure if:

1) a criminal law was incorrectly applied;

2) material infringements of this Code were committed.

2. A criminal law shall be considered to have been incorrectly applied where the provisions of the general part of the Criminal Code of the Republic of Lithuania have been incorrectly applied, also where criminal acts are classified not in accordance with those articles, paragraphs and points of the Criminal Code of the Republic of Lithuania according to which this ought to have been done.

3. Infringements of requirements of this Code shall be considered to be material infringements of this Code where they have resulted in the restriction of the rights of an accused person as guaranteed by laws or have precluded a court’s thorough and impartial hearing of a case and rendering of a correct judgment or ruling.

Article 370. Time limits for filing an appeal in cassation

1. Appeals against a final judgment or ruling may be filed within three months from their becoming final.

2. Where the persons referred to in Article 367(1) and Article 404 of this Code fail to comply with a time limit for filing an appeal in cassation for the reasons recognised by a court as compelling, the exceeded time limit may be reopened. A motion for reopening of the exceeded time limit for filing an appeal in cassation may not be filed after the lapse of more than one year from a ruling’s or a judgment’s becoming final. The reopening of the time limit shall be decided by a selection board.

Article 371. Procedure for filing an appeal in cassation

Appeals in cassation against final judgments and rulings of courts of first instance and of appeal shall be filed with the Supreme Court of Lithuania.

Article 372. Procedure for admitting an appeal in cassation

1. Upon receipt of an appeal in cassation, the President of the Supreme Court of Lithuania, the Chair of the Criminal Division of the Court or, under their assignment, a justice of the Criminal Division of the Court shall verify whether the appeal is repeated, whether it was filed within the time limit laid down in Article 3701) of this Code, whether there is any prohibition to appeal against a court judgment or ruling as provided for in Article 367(3) of this Code and whether the ruling is appealed against under cassation procedure pursuant to Article 367(4) of this Code. A repeated appeal in cassation, an appeal filed after exceeding a time limit for filing an appeal in cassation, also an appeal filed against a judgment or ruling which may not be appealed against under cassation procedure shall be returned to the appellant in cassation. An unsigned appeal in cassation shall also be returned to the appellant in cassation.

2. If there are no grounds for returning the appeal to the appellant in cassation as provided for in paragraph 1 of this Article, the case file shall be evoked and shall be transmitted together with the appeal to a selection panel of three justices formed by the President of the Supreme Court of Lithuania or the Chair of the Criminal Division of this Court.

3. The selection panel shall, under the written procedure, decide on the issue of admission of the appeal in cassation. The appeal in cassation shall be deemed to have been admitted if at least one of the members of the selection panel votes in favour thereof. Participation of a justice in the selection panel when deciding on the issue of admission of the appeal in cassation shall not preclude him from hearing the case under that appeal in cassation.

4. The admission of the appeal in cassation shall be refused if it:

1) was filed after exceeding a time limit for filing an appeal in cassation and there is no request for reopening of the exceeded time limit or the request for reopening of the time limit has been rejected;

2) was filed in respect of a judgment or a ruling which may not be appealed against under cassation procedure in accordance with Article 367(3) or (4) of this Code;

3) does not meet the requirements set out in Article 368(2) of this Code;

4) clearly does not conform to the grounds provided for in Article 369 of this Code;

5) was filed by a person who has no right to file an appeal in cassation;

6) is repeated.

5. The issue of admission of the appeal in cassation shall be resolved by a ruling. This ruling shall be final and not subject to appeal. In the event of refusal to admit the appeal in cassation, the ruling shall state the reasons for such a decision. The appeal in cassation which has not been admitted shall be returned to the person who filed it.

6. If the admission of an appeal in cassation is refused on the grounds referred to in points 3 and 4 of paragraph 4 of this Article, the appellant in cassation shall, having remedied the deficiencies, have the right to file a new appeal in cassation without prejudice to the time limit laid down in Article 370(1) of this Code. Such an appeal in cassation shall not be considered to be repeated.

7. After resolving the issue of admission of the appeal in cassation, the appeal in cassation may not be supplemented or amended.

8. Having decided to admit the appeal in cassation, the selection panel shall decide by the same ruling whether the case is to be heard under the oral or written procedure. A cassation case shall be heard under the oral procedure in the cases provided for in Article 3742 of this Code. In other cases, the cassation case shall be heard under the written procedure.

Article 373. Preparation of a cassation case for hearing upon admission of an appeal in cassation by a selection panel

1. Where an appeal in cassation is admitted by a selection panel, the President of the Supreme Court of Lithuania or the Chair of the Criminal Division of the Court shall form a judicial panel of three judges, appoint the chair and the rapporteur of the judicial panel and, upon coordination with the rapporteur, lay down a time limit for the preparation of the case. If necessary, the judge-rapporteur shall evoke additional material.

2. Having accessed the appeal in cassation and the case, the judges of the judicial panel shall have the power to decide, in accordance with Article 3742 of this Code, that the case to be heard under the written procedure by a decision of the selection panel must be heard under the oral procedure. After the judicial panel prepares the cassation case, the President of the Supreme Court of Lithuania or the Chair of the Criminal Division of the Court shall fix a date for the hearing of the cassation case.

3. Where the cassation case must be heard under the oral procedure, the judge-rapporteur shall instruct to summon to court the persons listed in Article 375 of this Code. Where the appeal in cassation is filed in the case to be heard under the oral procedure on the grounds aggravating the position of a convicted person, an acquitted person or a person whose case has been dismissed, a transcript of the appeal in cassation shall be sent to the convicted person or the acquitted person or the person whose case has been dismissed.

4. In the case provided for in Article 378(4) of this Code, the President of the Supreme Court of Lithuania or the Chair of the Criminal Division of the Court may, where a selection panel admits an appeal in cassation, decide to refer it for hearing before an extended judicial panel of seven justices or at a plenary session of the Criminal Division of the Supreme Court of Lithuania.

5. On a proposal of a selection panel or a court hearing a case, the President of the Supreme Court of Lithuania may form for the hearing of the case a mixed judicial panel of three justices of the Criminal Division and the Civil Division or an extended judicial panel of seven justices or a plenary session of the court. Such a panel shall be formed and cases shall be heard within it in accordance with the rules for the formation of judicial panels of a court of cassation and hearing of cases within them as laid down in this Code.

Article 374. Stay of execution of a court judgment and ruling

1. A selection panel which admitted an appeal in cassation or a judicial panel which was assigned the hearing of a cassation case or a judge appointed by the President of the Supreme Court of Lithuania or the Chair of the Criminal Division of the Court may stay by a ruling the execution of any judgment and ruling of a court of the Republic of Lithuania or part thereof until the case is resolved at a hearing of a court of cassation.

2. Repeat requests for the stay of execution of a judgment or a ruling shall not be admitted or heard, except in the cases when new circumstances transpire.

Article 3741. Hearing of a cassation case under the written procedure

1. Where a decision has been taken on the hearing of a cassation case under the written procedure and the date of the hearing of the cassation case has been fixed, an appellant in cassation, a prosecutor and the parties to the proceedings whose interests are affected by the appeal in cassation shall, on an instruction of a judge-rapporteur, be notified about the hearing of the case under the written procedure, the composition of the judicial panel which will hear the case and shall be proposed to submit statements to defence to the appeal in cassation and shall be instructed as to the right to file motions for challenge and submit requests in writing. Statements of defence to appeals in cassation, motions for challenge and requests must be submitted within 20 days from the receipt of a notification of the hearing of the case under the written procedure. The prosecutor must submit his statement of defence to the appeal in cassation. Failure of other parties to the proceedings to submit statements to defence to the appeal in cassation shall not preclude the hearing of the case under the written procedure. The prosecutor shall send a copy of his statement of defence to the appeal in cassation to the other parties to the proceedings whose interests are affected by the appeal in cassation. Copies of other statements of defence to the appeal in cassation shall be sent to these parties to the proceedings by a court of cassation. Copies of the statements of defence to the appeal in cassation shall not be sent to the prosecutor, the victim, the civil claimant and their representatives.

2. When hearing a cassation case under the written procedure, parties to proceedings shall not be called in to a court hearing.

3. Upon completion of the hearing of a case under the written procedure, a ruling shall be issued in accordance with the procedure laid down in Article 377 of this Code. Transcripts of the ruling shall be served on or sent to parties to the proceedings on the grounds and in accordance with the procedure laid down in Article 385 of this Code. The court ruling shall not be pronounced in the courtroom, unless the court decides otherwise.

4. A judicial panel of three judges hearing a case under the written procedure may, pursuant to Article 374(2) of this Code, refer the cassation case for hearing under the oral procedure.

Article 3742. Cases when a cassation case is heard under the oral procedure

1. A cassation case shall be heard under the oral procedure where:

1) an appeal in cassation has been filed on the grounds aggravating the position of a convicted person, an acquitted person or a person whose case has been dismissed, or

2) the case has been referred for hearing before an extended judicial panel of seven judges or at a plenary session of the Criminal Division of the Supreme Court of Lithuania, or

3) the case has been heard, in accordance with the procedure of first instance, by a judicial panel of three judges of the criminal division of a regional court, or

4) an appellate court has, in the cases provided for in points 1-3 of Article 329 of this Code, annulled a judgment of a court of first instance and pronounced a new judgment, or

5) a selection panel or a judicial panel formed for the hearing of the case decides that it is necessary to hear oral clarifications of parties to the proceedings.

2. Where several appeals in cassation are to be heard in a case, the case shall be heard under the oral procedure if it has been decided to hear at least one of them under the oral procedure.

CHAPTER XXVII

HEARING OF A CASSATION CASE

Article 375. Persons participating in a court hearing when hearing a cassation case under the oral procedure

1. A prosecutor shall participate in a court hearing when hearing a cassation case under the oral procedure. The hearing shall be attended by a defence counsel called in by a convicted person, an acquitted person or a person whose case has been dismissed, or by other persons with the consent of the convicted person, the acquitted person or the person whose case has been dismissed, or a defence counsel called in by a person whereto compulsory medical measures have been applied or have not been applied or by the person’s legal representative or by the person’s family members or close relatives. A convicted person on remand shall be notified of the right to request the appointment of a defence counsel within seven days from the receipt of the notification.

2. The persons listed in Article 367(1) of this Code shall also have the right to participate in a court hearing when hearing a cassation case under the oral procedure. A person whereto compulsory medical measures have been applied or have not been applied may participate in the court hearing unless, based on an expert’s conclusion, his illness precludes him from doing so.

3. If an appeal in cassation is filed on the grounds aggravating the position of a convicted person or an acquitted person, the convicted person must, if held on remand, be delivered before a court. A convicted person who is not in custody, an acquitted person or a person whose case has been dismissed shall be called in to a court hearing under a summons. If the convicted person, the acquitted person or the whose case has been dismissed is temporarily absent, the summons shall be served against signature on any adult person residing together with him or on the administration of the place of employment of the convicted person, the acquitted person or the person whose case has been dismissed. Failure to appear of the persons who have been informed of the court hearing shall not preclude the hearing of the case.

4. Participation in a court hearing of a convicted person, an acquitted person, a person whose case has been dismissed as well as a person whereto compulsory medical measures have been applied or have not been applied may be ensured by audiovisual transmission.

Article 376. Limits of powers of a court when hearing a cassation case

1. When hearing a cassation case, a court shall verify, from the point of view of application of law, the judgments and rulings rendered in respect whereof an appeal has been filed.

2. If several persons have been convicted in a case, a court shall hear the case in respect of the convicted person who is the subject of the filed appeal. However, if the incorrect application of a criminal law and material infringements of this Code may have affected other convicted persons, the court shall verify whether a lawful judgment has been passed also against other convicted persons who have not filed appeals.

3. When hearing a cassation case, a court may apply a law providing for a less serious criminal act or dismiss criminal case. The court shall have the right to apply a law providing for a more serious criminal act only if it is requested in the filed appeal. The court may impose a less or more severe penalty if an incorrect penalty is related to the incorrect application of a criminal law. The court may impose a more severe penalty if such an appeal is filed, however, it shall not have the right to impose a more severe penalty by imposing a life custodial sentence.

4. When applying a different criminal law or imposing a new penalty, the court shall rely on the evidence adduced at first instance and on appeal.

Article 377. Hearing of a cassation case under the oral procedure

1. The persons referred to in Article 375 of this Code shall be given access in court to the appeal in cassation and to the additional material collected.

2. A court of cassation shall hear cases in open court, except for the cases referred to in Article 9 of this Code.

3. The chair of a judicial panel shall, at the time fixed for the hearing of a case, commence a court hearing and announce what case is to be heard, who filed an appeal in cassation and what is the court judgment or ruling in respect whereof the case is to be heard. The chair of the judicial panel shall subsequently check who has appeared for the hearing or whether the persons referred to in Article 322 of this Code have been informed of the date of the hearing of the case. The chair of the judicial panel shall announce the full names of the judges hearing the case, the prosecutors, the defence counsel, representatives, interpreters and the clerk of the hearing participating in the hearing and shall ask the persons appearing for the hearing whether they intend to file motions for challenge. The court shall hear such motions in accordance with the procedure laid down in Articles 57-59 and 61 of this Code.

4. The chair of the judicial panel shall ask the persons who have appeared for the hearing whether they have requests. The court shall issue a ruling on the submitted requests.

5. One of the judges shall set out the merits of the case in a report.

6. Following the judge’s report, parties to the proceedings shall have the right to provide oral clarifications. If the appeal was filed by a prosecutor, a victim or his representative, the said persons shall take the floor first, and the first of them shall be the person who filed the appeal. In other cases, a convicted person, an acquitted person or a person whose case has been dismissed, his defence counsel and his legal representative shall take the floor first, and the first of them shall be the person who filed the appeal. The floor shall subsequently be given to the parties to the proceedings who have not provided clarifications. Later, all parties to the proceedings shall be granted the right to provide additional clarifications. The convicted person, the acquitted person or the person whose case has been dismissed or his defence counsel or legal representative shall be last to provide additional clarifications.

7. After the clarifications have been provided and the judges have taken a decision on the bench or in the deliberation room, the chair of the judicial panel shall notify of the date and place of pronouncement of a ruling. When issuing and pronouncing the ruling of the court of cassation, the judicial panel shall act in compliance with the relevant provisions provided for in Articles 297-299, 302 and 308 of this Code.

8. If, upon completion of the hearing of the case under cassation procedure, the convicted person must be released from the place of custody, the ruling must be delivered for execution on the day of its pronouncement.

Article 378. Referral of a case for hearing before an extended judicial panel of seven judges or at a plenary session of the Criminal Division of the Supreme Court of Lithuania

1. A cassation case heard before a judicial panel of three judges may be referred for hearing before an extended judicial panel of seven judges if the correct application of a criminal or criminal procedure law in the case would result in a new interpretation of a rule of law in case-law.

2. A cassation case heard before a judicial panel of three judges may be referred for hearing at a plenary session of the Criminal Division of the Supreme Court of Lithuania if the application of a criminal or criminal procedure law in the case would allow to depart from the case-law of the Supreme Court of Lithuania.

3. A case shall be referred for hearing before an extended judicial panel of seven judges or at a plenary session of the Criminal Division of the Supreme Court of Lithuania by a ruling of the judicial panel at any time during a court hearing. This ruling shall be pronounced at the hearing.

4. The President of the Supreme Court of Lithuania or the Chair of the Criminal Division of the Supreme Court may refer a case for hearing before an extended judicial panel of seven judges or at a plenary session of the Criminal Division of the Supreme Court where a judge appointed as rapporteur in accordance with the procedure laid down in Article 373 of this Code, having familiarised himself with the appeal in cassation and the case file, foresees that the decisions provided for in paragraphs 1 and 2 of this Article may be taken during the hearing of the cassation case.

Article 379. Hearing of a case before an extended judicial panel of seven judges

1. A case shall be prepared for hearing before an extended judicial panel of seven judges in accordance with the rules provided for in Article 373 of this Code and the provision that the extended judicial panel of seven judges shall normally include the judges hearing the same case before a judicial panel of three judges.

2. A case shall be heard before an extended judicial panel of seven judges in compliance with the requirements of Article 377 of this Code.

3. An extended judicial panel of seven judges may, on the grounds provided for in Article 378(2) of this Code, refer a case for hearing at a plenary session of the Criminal Division of the Supreme Court of Lithuania.

Article 380. Hearing of a case at a plenary session of the Criminal Division of the Supreme Court of Lithuania

1. A case shall be heard at a plenary session of the Criminal Division of the Supreme Court of Lithuania in accordance with the requirements of Article 377 of this Code, with the exceptions provided for in this Article.

2. A plenary session shall be valid if attended by at least two-thirds of justices of the Criminal Division of the Supreme Court of Lithuania.

3. A plenary session shall be presided over by the President of the Supreme Court of Lithuania or, in his absence, by the Chair of the Criminal Division of the Court. In the absence of the President of the Supreme Court and the Chair of the Criminal Division, the plenary session of the Criminal Division of the Supreme Court of Lithuania shall be presided over by a justice of the Division appointed by the President of the Supreme Court.

4. A ruling of a plenary session shall be issued by a majority vote of the justices attending the session. If there is a tie, the presiding justice of the plenary session shall have a casting vote.

5. A ruling issued at a plenary session shall be signed by all the justices participating in the session.

Article 381. Termination of court proceedings, stay of the hearing of a cassation case

1. Upon withdrawal of an appeal by an appellant in cassation or by a senior prosecutor, a court shall leave the appeal unheard and terminate the court proceedings. At the beginning of a hearing, a judicial panel may, at the request of parties to the proceedings or of its own motion, consider whether the appeal in cassation should be heard. The court shall issue a ruling on this issue.

2. If a party to proceedings whose appearance for an oral hearing is recognised by a court as necessary fails to appear for the hearing on grounds of illness or for any other compelling reason, the hearing of a cassation case shall be stayed.

3. The hearing of a cassation case shall also be stayed if it is necessary to refer to the Constitutional Court of the Republic of Lithuania for its decision on whether a law or any other legal act is in compliance with the Constitution of the Republic of Lithuania or if it is necessary to refer to a competent judicial authority of the European Union for a preliminary ruling on the interpretation or validity of legal acts of the European Union or if it is necessary to request the European Court of Human Rights to give an advisory opinion on points of principle relating to the interpretation or application of the rights and freedoms defined in the Convention for the Protection of Human Rights and Fundamental Freedoms or its protocols.

Article 382. Rulings of a court upon completion of the hearing of a cassation case

Having completed the hearing of a cassation case, a court shall issue one of the following rulings:

1) to dismiss the appeal in cassation;

2) to annul a judgment and subsequent court rulings and to dismiss the case;

3) to annul a judgment and a judgment or a ruling of an appellate court and refer the case for retrial in a court of first instance if the case was heard by a biased court of first instance or the case was heard in violation of the rules of jurisdiction laid down in Articles 224 and 225 of this Code;

4) to annul a judgment or a ruling of an appellate court and to uphold a judgment or a ruling of a court of first instance (whether amended or not);

5) to annul a judgment or ruling of an appellate court and to refer the case for retrial under appeal procedure;

6) to amend a court judgment or a court ruling.

Article 383. Grounds for annulling and amending a judgment or a ruling in a court of cassation

A court of cassation shall annul and amend a judgment or a ruling on the grounds specified in Article 369 of this Code.

Article 384. Content of a ruling of a court of cassation

1. A ruling of a court of cassation shall consist of an introductory part, a descriptive part and an operative part.

2. The introductory part shall indicate: the date and place of issue of the ruling; the name and composition of the court which issued the ruling; a prosecutor, a defence counsel and other parties to the proceedings participating in the hearing of the criminal case at an oral hearing of the court of cassation; the appellant in cassation; the name of the court which passed a judgment or a ruling appealed against, the date of passing of the judgment or issue of the ruling and the content of the operative part; requests of the parties to the proceedings participating in the cassation case.

3. The descriptive part shall briefly state the circumstances of the case referred to in the judgment or the ruling under appeal in relation to the appeal in cassation, present the substance of the appeal in cassation, the substance of statements of defence to the appeal in cassation, and present reasoned conclusions of the court of cassation on the appeal in cassation.

4. The operative part shall indicate a decision of the court of cassation on the appeal in cassation.

5. If an appeal in cassation is dismissed, a ruling must state the reasons explaining why the appeal in cassation is considered to be unfounded and a judgment or a ruling appealed against is recognised as lawful.

6. If a judgment or a ruling is annulled and the case is dismissed, a ruling must indicate the grounds for dismissing the case.

7. If a judgment or a ruling is annulled and the case is referred for retrial in court, a ruling must indicate specific material infringements of this Code or provide an explanation of how the incorrect application of a criminal law manifested itself.

8. If a judgment or a ruling is amended, a ruling must provide an explanation of how the incorrect application of a criminal law manifested itself as well as indicate the articles of this Code which were infringed.

9. A ruling of a court of cassation shall be signed by all judges of a judicial panel.

10. A judge who, at the time of issuing a ruling, had a different opinion shall have the right to state it in writing. The separate opinion shall not be published, but shall be appended to the case file.

Article 385. Service of transcripts of a ruling of a court of cassation

1. Transcripts of a ruling of a court of cassation shall be served immediately after the pronouncement thereof on an appellant in cassation, as well as on an acquitted person, a convicted person or a person whose case has been dismissed, the interests of whom are affected by the ruling of the court of cassation. If these persons did not participate in the pronouncement of the ruling or did not accept a transcript thereof immediately after the pronouncement thereof, transcripts of the ruling must be served on or sent to them not later than within five days from the pronouncement of the ruling. Transcripts of the ruling shall be served on or sent to other persons who participate in the hearing of the cassation case or the interests of whom are affected by the appeal in cassation at their request within five days from the receipt of the request.

2. In the cases referred to in Article 257 of this Code, a court of cassation shall send to a prosecutor’s office a transcript of a ruling concluding cassation proceedings or of a separate ruling.

Article 386. Hearing of a case where a judgment of a court of first instance or a judgment or a ruling of an appellate court has been annulled

1. If a court of cassation annuls a judgment of a court of first instance or a judgment or a ruling of an appellate court, the case must be heard in accordance with the general procedure.

2. Instructions of a court of cassation shall be binding in the event of retrial of a case. However, the court of cassation shall not have the right to determine in advance the conclusions which may be drawn by a court when retrying the case.

3. When retrying a case, a court of first instance or an appellate court shall have the right to impose a more severe penalty or to apply a criminal law providing for a more serious criminal act only where a judgment or a ruling is annulled on the ground that the law providing for a more serious criminal act needs to be applied, also where, in the course of retrial of a case following the annulment of a judgment, a court establishes the circumstances showing that an accused person committed a more serious criminal act.

4. Upon completion of the retrial of a case, a judgment passed by a court of first instance or a judgment and a ruling of an appellate court may be appealed against in accordance with the general procedure.

PART IX

SPECIFIC FEATURES OF CRIMINAL PROCEDURE WHEN INVESTIGATING AND HEARING SPECIFIC CATEGORIES OF CASES

CHAPTER XXVIII

PROCEEDINGS IN RESPECT OF CRIMINAL ACTS COMMITTED BY LEGAL PERSONS

Article 387. Procedure for the conduct of proceedings

1. The procedure for the conduct of proceedings regarding criminal acts committed by legal persons shall be laid down by the general rules of this Code with the exceptions provided for in the articles of this Chapter.

2. Where proceedings regarding criminal acts have been opened separately in respect of a legal person and in respect of a natural person, such acts must, as a general rule, be investigated jointly. Procedural actions and decisions shall be taken in respect of the legal person in accordance with the general rules of this Code and the exceptions laid down in the articles of this Chapter or, in respect of the natural person, in accordance with the general rules of this Code.

3. Proceedings regarding a criminal act may be opened or continued in respect of a legal person separately from a natural person who allegedly committed the criminal act for the benefit or in the interests of the legal person:

1) where, regarding the criminal act committed by the natural person, the limitation period for the passing of a judgment of conviction has expired, but this period has not expired yet in respect of the legal person;

2) where the natural person is released from criminal liability and his case is dismissed;

3) where a court judgment concerning the same charges becomes final in respect of the natural person;

4) where the hearing of the case is stayed or terminated in respect of the natural person due to a mental disorder which he began to suffer from following the commission of the criminal act and which rendered him unable to understand the substance of his actions or to control them;

5) where the natural person dies and, as a result, the proceedings are not opened or are terminated against him;

6) where the competent authority of a foreign state does not give a permission to prosecute the natural person;

7) where the natural person goes into hiding from a pre-trial investigation or a court or his whereabouts are unknown;

8) where the natural person is not in the Republic of Lithuania and evades appearing before a court, and the court decides, in accordance with the procedure laid down in Article 433 of this Code, to continue the proceedings against the legal person and to stay the hearing of the case against the natural person;

9) when a prosecutor decides in the course of a pre-trial investigation, or a court hearing the case decides in the course of the court proceedings, to separate the proceedings against the legal person and against the natural person who allegedly committed the criminal act for the benefit or in the interests of the legal person if it is believed that this will speed up the proceedings against the legal or against the natural person;

10) where the complex management structure of the legal person or other circumstances preclude identification, prosecution or conviction of a specific natural person who committed the criminal act, but there is a ground for believing that the criminal act was committed by one or more natural persons referred to in Article 20(2) or (3) of the Criminal Code of the Republic of Lithuania or that the criminal act was committed by joint acts/omissions of these persons;

11) in other cases when criminal proceedings are not opened or continued against the natural person who allegedly committed the criminal act.

4. When hearing a criminal case against a legal person in the cases referred to in points 1, 2, 3 and 4 of paragraph 3 of this Article, the issue of guilt and criminal liability of a natural person who committed a criminal act for the benefit or in the interests of the legal person shall not be considered. The court shall rely on the decisions taken or conclusions in this or any other criminal case on the basis whereof the fact of commission of the criminal act by the natural person has been established. In the cases referred to in points 1, 2 and 3 of paragraph 3 of this Article, a natural person having the legal status of a convicted person and/or his defence counsel shall be summoned to the hearing of the case in court, however their absence shall not have suspensory effect on the proceedings. The court shall have the right to question the natural person and to perform with him other actions of the examination of evidence.

5. When hearing a criminal case against a legal person in the cases referred to in points 5, 6, 7, 8, 9 and 11 of paragraph 3 of this Article, the issue of criminal liability of a natural person who committed a criminal act for the benefit or in the interests of the legal person shall not be considered. The court shall rely on the evidence collected in this or any other criminal case, the decisions taken or the conclusions on the basis whereof it is decided on the fact of commission of the criminal act by the natural person. The accused natural person shall be subject to the provisions of Articles 435 and 436 of this Code. If, in the course of hearing of the case in court, it transpires that the just resolution of the case is impossible without the participation of the accused natural person, the hearing of the case shall be stayed or a decision shall be taken on the joining of the criminal cases in respect of the natural person and in respect of the legal person.

Article 388. Representative of a legal person to be prosecuted

1. A representative of a legal person to be prosecuted may be the manager or an employee of the legal person or an advocate authorised by the legal person to act as a representative in proceedings.

2. Where a person produces an authorisation to act as a representative in proceedings, a pre-trial investigation officer shall adopt a decision to recognise the person as a representative of a legal person.

3. If a legal person appoints as a representative a person not fit to act in the capacity of a representative or does not appoint any representative at all, a pre-trial investigation officer shall have the right to appoint by a decision a representative of the legal person.

4. A representative of a legal person in proceedings shall enjoy all the rights granted to a suspect and an accused person under this Code as well as perform the duties of these parties to the proceedings.

Article 389. Temporary procedural coercive measures applied to a legal person

1. The following procedural coercive measures may be imposed upon a legal person: temporary suspension of activities of the legal person and temporary restriction of activities of the legal person.

2. Activities of the legal person shall be temporarily suspended or temporarily restricted at the request of a prosecutor by a ruling of a pre-trial investigation judge or of a court.

3. Temporary suspension of activities of the legal person or temporary restriction of activities of the legal person shall be imposed in the cases when the activities of the legal person to be prosecuted may interfere with the unhindered course of criminal proceedings, also may prejudice economic practices, cause damage to finance, nature, public security and intellectual property.

4. In a ruling to temporarily suspend activities of a legal person, the legal person shall be obligated to temporarily discontinue all economic, commercial, financial or professional activities provided for in incorporation documents and to close all divisions. The ruling shall set a period of temporary suspension of activities of the legal person. At the request of a prosecutor, this period may be extended by a ruling of a pre-trial investigation judge or of a court.

5. A ruling to temporarily restrict activities of a legal person shall prohibit a legal person from engaging in certain activities provided for in incorporation documents and obligate it to close a certain division of the legal person. The ruling shall set a period of temporary restriction of activities of the legal person.

6. A ruling whereby activities of a legal person are temporarily suspended or activities of a legal person are temporarily restricted shall be delivered to a bailiff for execution.

7. A ruling shall be notified to a representative of a legal person against his signature.

8. A representative of a legal person may appeal to a higher court against a ruling of a pre-trial investigation judge or of a court to temporarily suspend the activities of the legal person or to temporarily restrict the activities of the legal person within seven days from the receipt of the ruling.

9. A prosecutor may appeal against a ruling of a pre-trial investigation judge or a court not to impose temporary suspension of activities of a legal person or temporary restriction of activities of a legal person within the time limits and in accordance with the procedure laid down in paragraph 8 of this Article.

Article 390. Passing of a judgment in a case in which a legal person is tried

1. In a criminal case where a legal person and a natural person are jointly prosecuted and tried, a court shall pass one judgment. The operative part of this judgment shall separately set out the court’s decisions concerning the legal person and the natural person. The judgment may be appealed against under appeal procedure by a representative of the convicted legal person and the convicted natural person as well as other participants in the hearing in court in accordance with the procedure laid down in Article 313 of this Code.

2. If a criminal case against a legal person is heard separately, a court shall pass a judgment only in respect of the legal person. A representative of the convicted legal person and other participants of the hearing in court shall have the right to appeal against this judgment under appeal procedure in accordance with the procedure laid down in Article 313 of this Code. The judgment passed in respect of the legal person shall not bind a court hearing a natural person’s case if such a case is to be heard in the future. If new circumstances transpiring upon completion of the hearing of such a case allow to annul the judgment or ruling rendered in respect of the legal person and to reopen the criminal case, proceedings due to the newly transpired circumstances may be opened in accordance with the procedure laid down in Article 446 of this Code.

Article 391. Execution of a judgment restricting the activities of a legal person or liquidating a legal person

A judgment restricting the activities of a legal person or liquidating a legal person shall, in accordance with the procedure laid down in Article 342 of this Code, be delivered to a bailiff for execution.

CHAPTER XXIX

PROCEDURE FOR APPLYING COMPULSORY MEDICAL MEASURES

Article 392. Grounds for applying compulsory medical measures

1. A court shall apply the compulsory medical measures specified in Article 98 of the Criminal Code of the Republic of Lithuania to the persons who have been declared by the court as being of mental incapacity, also to the persons who, following the commission of a criminal act or imposition of a penalty, began to suffer from a mental disorder that rendered them unable to understand the substance of their actions or to control them.

2. Compulsory medical measures may be applied to persons who have been declared by a court as being of diminished capacity in the cases provided for in Article 18(2) of the Criminal Code of the Republic of Lithuania.

3. The procedure for applying compulsory medical measures shall be laid down by the general rules of this Code with the exceptions provided for in the Articles of this Chapter.

Article 393. Grounds for initiating the procedure of application of compulsory medical measures

1. Proceedings initiated in accordance with the general procedure shall become a procedure of application of compulsory medical measures if it is established during a pre-trial investigation or in the course of hearing of a case in court that a person is of mental incapacity or of diminished capacity or that, following the commission of a criminal act, he began to suffer from a mental disorder that rendered him unable to understand the substance of his actions or to control them.

2. Compulsory medical measures shall also be applied in the cases when, following the imposition of a penalty, a person began to suffer from a mental disorder that rendered him unable to understand the substance of his actions or to control them.

Article 394. Initiation of the procedure of application of compulsory medical measures

1. Where, in the course of a pre-trial investigation or in the course of hearing of a case in court, the circumstances referred to in Article 393(1) of this Code are established, a pre-trial investigation officer, a prosecutor, a judge or a court shall take the following decisions:

1) the pre-trial investigation officer shall transmit the investigation material to the prosecutor. Where justified, the prosecutor shall endorse initiation of the procedure of application of compulsory medical measures and assign to a pre-trial investigation body the conduct of a pre-trial investigation or shall conduct it himself;

2) during the hearing of the case in court, the judge or the court shall issue a ruling to initiate the procedure of application of compulsory medical measures.

2. Where the circumstances referred to in Article 393(1) of this Code are established following the imposition of a penalty, the court shall take the following decisions:

1) before a judgment becomes final and its execution is commenced, the court shall take charge of the case and decide to initiate the procedure of application of compulsory medical measures;

2) where the execution of the judgment has already commenced and on a submission of an executing institution, a court of the place where the sentence is to be served shall, upon having evoked the criminal case file, decide to initiate the procedure of application of compulsory medical measures.

Article 395. Circumstances to be proved

In the course of proceedings regarding an act committed by a person who is of mental incapacity or diminished capacity, also proceedings in respect of a person who, following the commission of a criminal act, began to suffer from a mental disorder that rendered him unable to understand the substance of his actions or to control them, the following must be proved:

1) the time, place, manner and other circumstances of commission of the act prohibited by a criminal law;

2) whether the act prohibited by the criminal law was committed by that person;

3) whether the perpetrator of the act prohibited by the criminal law has a history of mental illness, the severity and character of the mental illness of the person at the time of commission of the act, during a pre-trial investigation, the hearing of the case in court or following the imposition of a penalty;

4) what is the conduct of the perpetrator of the act prohibited by the criminal law both before and after the commission of the act;

5) the nature and extent of damage caused by the act prohibited by the criminal law.

Article 396. Procedure for conducting a pre-trial investigation

1. It shall be allowed to refer a person for forensic psychiatric examination only if there is sufficient evidence that he is the perpetrator of an act, as prohibited by a criminal law, which is the subject of an investigation.

2. If the mental state of the perpetrator of a criminal act prohibited by a criminal law precludes the performance of procedural actions involving him, a pre-trial investigation officer shall draw up a record to that effect.

3. In the cases provided for in Article 393(1) of this Code, participation of a defence counsel shall be necessary from the time of ordering a psychiatric examination, unless he previously participated in proceedings on general grounds.

Article 397. End of a pre-trial investigation

1. Where a pre-trial investigation is concluded in the cases provided for in Article 393(1) of this Code, a prosecutor shall adopt one of the following decisions:

1) to dismiss the case in the cases provided for in Article 3 of this Code – if the circumstances which preclude the proceedings are established;

2) to refer the case for hearing in court – if it is established that there are grounds for applying compulsory medical measures to the person.

2. If a person is suffering from a mental disorder and the case has been dismissed on the basis of point 1 of paragraph 1 of this Article, a court may, at a prosecutor’s request, hand him over for guardianship to family members or close relatives or other persons and may concurrently place the mentally disordered person under medical observation.

Article 398. Decision to refer a case to court

1. When referring a case to court for the application of compulsory medical measures, a prosecutor shall draw up a decision.

2. A decision to refer a case to court shall indicate: the forename, surname, date of birth, personal number, marital status, profession, place of employment and, at the discretion of a prosecutor, other data of the person whereto compulsory medical measures may be applied; the place, time, manner, consequences and other material circumstances of commission of an act prohibited by a criminal law; data on a victim; grounds for applying compulsory medical measures.

3. A prosecutor shall send a transcript of a decision to refer a case to court or a decision to dismiss the case to a victim and a defence counsel.

Article 399. Actions of a judge in preparing a trial

1. A judge shall, upon receipt of a case from a prosecutor, refer it for hearing at a trial, notify thereof the legal representatives or family members or close relatives of a person whose case is being heard, his defence counsel and the prosecutor, and order the summoning of witnesses, victims and experts.

2. A judge shall have the right to request that a person whose case is being heard be delivered before a court unless, based on an expert’s conclusion, the nature of his illness precludes him from doing so.

Article 400. Procedure for and limits of hearing in court

1. The hearing in court of a case which has been received in accordance with the procedure laid down in Article 398 of this Code shall be conducted in accordance with the general procedure.

2. At a trial, victims and witnesses must be questioned, other evidence must be verified that the person concerned committed an act prohibited by a criminal law, an expert’s conclusion on mental incapacity or diminished capacity must be heard, and other circumstances material to deciding on the application of compulsory medical measures must be verified.

Article 401. Resolution of a case in court

1. A court shall resolve a case by a ruling. It shall be issued in the deliberation room.

2. When issuing a ruling, a court must resolve the following issues:

1) whether an act prohibited by a criminal law was committed;

2) whether the act prohibited by the criminal law was committed by a person whose case is being heard;

3) whether the person committed the act prohibited by the criminal law while being in a state of mental incapacity or in a state of diminished capacity;

4) whether, following the commission of a criminal act, the person concerned began to suffer from a mental disorder that rendered him unable to understand the substance of his actions or to control them and whether this is a temporary mental disorder requiring only the staying of the hearing of the case;

5) whether a compulsory medical measure should be applied and which one.

Article 402. Hearing and resolution of a case in court in the cases when a person begins to suffer from a mental disorder following the imposition of a penalty

1. If a person begins to suffer from a mental disorder following the imposition of a penalty and before a judgment becomes final and its execution is commenced, a case shall be heard by a court which passed the judgment.

2. If a person begins to suffer from a mental disorder after the execution of a judgment has already commenced, a case shall be heard by a court of the place where the sentence is to be served.

3. In the cases provided for in paragraphs 1 and 2 of this Article, upon having evoked a criminal case file, a court shall consider the issue of application of compulsory medical measures at a trial. A prosecutor and a defence counsel must participate in therein. The trial shall establish circumstances which are material to deciding on the application of compulsory medical measures: an expert’s conclusion concerning the mental state of a convicted person shall be heard, employees of the place of sentence and other persons shall be questioned as witnesses, other data about the conduct of the convicted person following the imposition of the penalty shall be verified.

4. When issuing a ruling, the court must resolve the following issues:

1) whether, following the imposition of a penalty, the convicted person began to suffer from a mental disorder that rendered him unable to understand the substance of his actions or to control them;

2) whether a compulsory medical measure should be applied to the convicted person and which one.

Article 403. Court rulings

1. Having completed the hearing of a case regarding the application of compulsory medical measures, a court shall issue one of the following rulings:

1) to apply to the person a compulsory medical measure – if it has been proved that he committed an act prohibited by a criminal law while being in a state of mental incapacity;

2) to release the person from criminal liability and apply to him a compulsory medical measure – if it has been proved that he committed an act prohibited by a criminal law while being in a state of diminished capacity in the case referred to in Article 18 of the Criminal Code of the Republic of Lithuania;

3) to stay the hearing of the case or execution of a sentence and to apply a compulsory medical measure – if it has been proved that, following the commission of a criminal act or imposition of a penalty, the person began to suffer from a mental disorder that rendered him unable to understand the substance of his actions or to control them;

4) to dismiss the case and not to apply a compulsory medical measure – if it has been proved that, according to the nature of a committed act and his pathological state, the person is not dangerous to the public and does not require compulsory medical treatment;

5) to refer the case for reinvestigation – if it has not been established that the person is of mental incapacity or if his mental disorder is not such as to preclude the imposition of the penalty;

6) to dismiss the case – if it has not been proved that the person committed an act prohibited by a criminal law or if there are circumstances, as listed in Article 3 of this Code, which preclude the proceedings.

2. In the cases provided for in points 1-3 of paragraph 1 of this Article, a court may, acting pursuant to Article 98 of the Criminal Code of the Republic of Lithuania, apply one of the following compulsory medical measures:

1) out-patient observation under the conditions of primary mental health care;

2) in-patient observation under the conditions of a general observation at specialised mental health care institutions;

3) in-patient observation under the conditions of an enhanced observation at specialised mental health care institutions;

4) in-patient observation under the conditions of a strict observation at specialised mental health care institutions.

3. When dismissing the case and not applying compulsory medical measures to a person, a court may hand him over to family members or close relatives or other persons for guardianship or curatorship and may concurrently place him under medical observation.

4. The issues referred to in Article 307(6) and (7) of this Code shall also be resolved by a court ruling.

Article 404. Persons entitled to appeal against a court ruling

The right to appeal against a court ruling to apply a compulsory medical measure shall be vested in a person whose case was heard, his legal representative, family members or close relatives, a defence counsel, a victim, his representative and a prosecutor. Appeals and appeals in cassation shall be filed and heard in accordance with the rules laid down in Parts VI and VIII of this Code.

Article 405. Extension of the application of a compulsory medical measure, change of the type or lifting thereof

1. When applying a compulsory medical measure, a court shall not fix the duration of application thereof. It shall be applied until a person recovers or his mental state improves and he no longer represents a danger.

2. A court must, at least once every six months, decide on extension of the application of a compulsory medical measure, change of the type or lifting thereof.

3. The court shall consider and resolve the issues of extension of the application, change of the type or lifting of a compulsory medical measure on the basis of a conclusion by a health care institution and shall issue one of the following rulings:

1) to extend the application of the compulsory medical measure – if the person’s state of health has not changed;

2) to change the type of the compulsory medical measure previously applied – if the person’s state of health has changed;

3) to lift the compulsory medical measure applied – if the person has recovered and the need to apply such measure ceases to exist.

4. Extension of the application of a compulsory medical measure, change of the type or lifting thereof shall be decided by a court according to the place of application of the measure. When considering this issue, a representative of a health care institution which submitted a conclusion on the state of health of the person concerned must participate in a court hearing. A judge shall have the right to request that the person who is subject to extension of the application of the compulsory medical measure, change of the type or lifting thereof be delivered to the hearing, unless this is precluded by the nature of his illness based on conclusions of a medical commission. The court must notify the persons referred to in Article 404 of this Code of the place and date of the hearing. Failure of such persons to appear shall not preclude the consideration of the issue.

5. The application of compulsory medical measures shall be extended, the type thereof shall be changed or they shall be lifted by a court’s ruling.

6. The persons listed in Article 404 of this Code shall have the right to appeal against a court’s rulings to extend the application of, change or lift a compulsory medical measure in accordance with the procedure laid down in Part X of this Code.

Article 406. Reopening of proceedings against a person whereto a compulsory medical measure was applied

1. Where a person who, following the commission of a criminal act or imposition of a penalty, experienced a mental disorder resulting in the application of a compulsory medical measure is recognised by a medical commission as having recovered, a court shall, in accordance with the procedure laid down in Article 405 of this Code, issue a ruling to lift the applied compulsory medical measure and shall decide whether to refer the case to a pre-trial investigation or to refer it for hearing in court under the general procedure or to refer the person to continue serving the sentence.

2. The time spent at a health care institution shall be included in the period of remand and serving of a sentence.

CHAPTER XXX

No longer effective from 1 October 2017.

CHAPTER XXXI

PROCEEDINGS IN ACCORDANCE WITH THE SIMPLIFIED PROCEDURE

SECTION ONE

PROCEDURE FOR ISSUING A COURT’S PENAL ORDER

Article 418. Prosecutor’s right to decide to conclude proceedings by a penal order

1. With regard to the criminal acts which may be punishable by any penalty as a single or alternative penalty, with the exception of the cases when a criminal act may be punishable only by a fixed-term custodial sentence or a life custodial sentence, the hearing of a case in court may be omitted and the penalty shall be imposed by a court’s penal order. The procedure for issuing the court’s penal order shall be applied only where the offender compensates for or eliminates the damage caused, where damage has been caused, or undertakes to compensate for or to eliminate such damage.

2. A judge shall have the right to draw up a penal order upon receipt of a prosecutor’s motion for the conclusion of proceedings by a court’s penal order.

3. If, in the course of a pre-trial investigation, a prosecutor decides to refer to a judge for the conclusion of proceedings by a court’s penal order and an accused person does not object thereto, an indictment shall not be drawn up. In this case, the prosecutor shall draw up a motion which, together with the material collected during the pre-trial investigation, shall be sent to the court according to its jurisdiction.

4. Having taken a decision to conclude proceedings by a court’s penal order, a prosecutor must notify a victim thereof. The victim may, within seven days from the receipt of such a notification, appeal against the prosecutor’s decision to a pre-trial investigation judge. The appeal shall be heard in accordance with the procedure laid down in Article 64 of this Code.

5. A European Delegated Prosecutor or a European Prosecutor shall, when drawing up a motion for the conclusion of proceedings by a penal order, act in compliance with the rules laid down in Regulation (EU) 2017/1939, the provisions of this Article and Article 419 of this Code.

Article 419. Content of a prosecutor’s motion

A prosecutor’s motion for the conclusion of proceedings by a court’s penal order must:

1) indicate the forename, surname, date of birth, personal number, marital status, profession, place of employment and, at the discretion of the prosecutor, other personal data of an accused person;

2) include a brief description of an act for the commission whereof the accused person must be punished by the penal order;

3) indicate a criminal law providing for liability for the committed criminal act;

4) list the main data on which the charge is based;

5) specify the type and level of the penalty proposed to be imposed on the accused person and state the accused person’s opinion thereon.

Article 420. Judge’s decisions

1. Having received a prosecutor’s motion for the conclusion of proceedings by a court’s penal order and the material collected during a pre-trial investigation, a judge must, not later than within seven days, take one of the following decisions:

1) to draw up a court’s penal order;

2) to refer the case for hearing in court in the cases provided for in Article 423 of this Code;

3) to terminate criminal proceedings in the cases provided for in Article 424 of this Code.

2. Where a victim has appealed against a prosecutor’s decision to conclude proceedings by a court’s penal order, the time limit referred to in paragraph 1 of this Article shall run from completion of the hearing of the appeal.

Article 421. Content of a court’s penal order

A court’s penal order drawn up by a judge must:

1) indicate the data listed in points 1-4 of Article 419 of this Code;

2) contain a decision to find an accused person guilty;

3) indicate the type and level of the penalty to be imposed upon the accused person;

4) indicate decisions regarding confiscation of property, extended confiscation of property, prohibition to exercise a special right, imposition of a supervision measure against the accused person, compensation for the damage caused by a criminal act, further use of material evidence, compensation for costs of proceedings;

5) instruct as to the right of the accused person to request to hold the hearing of the case in court.

Article 422. Right of an accused person to request to hold the hearing of a case in court

1. A court’s penal order drawn up by a judge shall be served on an accused person, and if the accused person is temporarily absent, the court’s penal order shall be served against signature on any adult person residing together with him or on the administration of the place of employment of the accused person. The accused person who objects to the imposition of a penalty by the court penal order shall have the right, within 14 days from the service of this document, to submit a request to the court which drew up the court penal order requesting to hold the hearing of the case in court.

2. If an accused person submits a request to hold the hearing of a case in court, a court’s penal order shall not acquire legal power. If the accused person fails to exercise this right, the court’s penal order shall become final and shall be executed in accordance with the procedure laid down by this Code. A court’s penal order which has become final shall not be subject to appeal.

Article 423. Referral of a case for hearing in court of a judge’s own motion

1. A judge shall issue a ruling to refer a case for hearing in court if the circumstances of the case are not sufficiently clear and the doubts which arose may be eliminated only during the hearing in court.

2. Having issued the ruling referred to in paragraph 1 of this Article, the judge must send a transcript of a prosecutor’s motion for the conclusion of proceedings by a court’s penal order to an accused person.

Article 424. Termination of proceedings

1. A judge shall issue a ruling to terminate criminal proceedings after establishing that there are circumstances precluding the proceedings. Having issued the ruling to terminate the proceedings, the judge must notify thereof an accused person, a victim and a prosecutor. The prosecutor and the victim shall have the right, within seven days from the receipt of the notification of the issue of the ruling, to appeal to a higher court against the judge’s ruling to terminate the proceedings.

2. If, upon hearing the appeal, the higher court annuls the ruling to terminate the proceedings, another judge of the same court whose ruling has been annulled must take one of the decisions provided for in points 1 and 2 of Article 420(1) of this Code.

Article 425. Hearing of a case in court at the request of an accused person or of a judge’s own motion

1. Upon receipt of an accused person’s request to hold the hearing of a case in court, the court must hold the hearing of the case not later than after the lapse of ten days from the receipt of the request. The hearing of the case in court of a judge’s own motion must be held after the lapse of not less than three days and not more than ten days from the receipt by the accused person of a transcript of a prosecutor’s motion for the conclusion of proceedings by a court’s penal order.

2. The hearing of the case in court held at the request of the accused person or of the judge’s own motion shall be conducted in accordance with the rules laid down in Part V of this Code, except that during the hearing in court the prosecutor shall, instead of reading out an indictment, present the substance of the charges based on the motion for the conclusion of proceedings by a court’s penal order.

3. The case shall be heard by the same court to which the prosecutor sent the motion for the conclusion of proceedings by a court’s penal order, however, if the hearing of the case in court was held at the request of the accused person, the judge who issued the court’s penal order may not participate in the hearing of the case.

4. After hearing the case and finding the accused person guilty, the court may impose a penalty of a different type or level than the one imposed by the court’s penal order. If this is provided for by a criminal law, a custodial sentence may also be imposed. Where the incorrect application of a criminal law and material infringements of this Code may have affected other accused persons who did not submit their requests, the court shall check whether the penal order is well-founded and lawful also in respect of these accused persons. In compliance with the provisions of this paragraph, the legal status of the accused persons who did not submit requests to hold the hearing of the case in court may not be subject to aggravation.

5. A judgment passed by the court may be appealed against in accordance with the general procedure.

SECTION TWO

PROCEEDINGS UNDER THE ACCELERATED PROCEDURE

Article 426. Prosecutor’s right to decide to conclude a criminal case under the accelerated procedure

1. Where the circumstances of commission of a criminal act are clear and a criminal case concerning the commission of that act must be heard by a district court, a prosecutor may, on the day of commencement of a pre-trial investigation or not later than within 14 days from the commencement of the pre-trial investigation, file with a court which has jurisdiction over the case a motion for the hearing of the case under the accelerated procedure.

2. In the case referred to in paragraph 1 of this Article, a prosecutor shall not draw up an indictment, however, he shall transmit to a court, together with a motion, the material collected during a pre-trial investigation, provided that procedural actions have been performed. The prosecutor together with a pre-trial investigation body must notify an accused person, his defence counsel, a victim, a civil claimant, a civil defendant and their representatives and witnesses of the date and place of a court hearing at which the case will be heard under the accelerated procedure. Victims, civil claimants and civil defendants questioned in the course of the pre-trial investigation shall also be informed that their failure to appear without compelling reasons shall be considered as consent to hear the case in absentia and shall not preclude the hearing of the case, except where the court recognises that their participation is necessary.

3. A European Delegated Prosecutor or a European Prosecutor shall, when drawing up a motion for the hearing of a case under the accelerated procedure, act in accordance with the rules laid down in Regulation (EU) 2017/1939 and in accordance with the procedure laid down in this Article and Article 427 of this Code.

Article 427. Content of a prosecutor’s motion

1. A prosecutor’s motion for the hearing of a case under the accelerated procedure must indicate an accused person’s forename, surname, date of birth, personal number, marital status, profession, place of employment, data on previous convictions and, at the prosecutor’s discretion, other personal data; a brief description of a committed criminal act: the place, time, manner and consequences of the commission thereof; a criminal law providing for liability for that act shall be indicated; witnesses and victims on whose testimony the charges are based or whose questioning is requested at a trial, the objects and documents relevant to the hearing of the case shall be listed; the prosecutor’s position and the accused person’s opinion on the possibility of not calling in witnesses to the hearing of the case shall be set forth.

2. The prosecutor must serve one copy of the motion for the hearing of the case under the accelerated procedure on the accused person.

Article 428. Actions of a court upon receipt of a prosecutor’s motion for the hearing of a case under the accelerated procedure

1. When a prosecutor’s motion for the hearing of a case under the accelerated procedure is received in a court, a court hearing shall be held without delay or another date and time of the court hearing shall be fixed and the prosecutor shall be notified thereof. The first court hearing, if not held on the same day, must be held not later than within 14 days from the receipt by the court of the prosecutor’s motion for the hearing of the case under the accelerated procedure. At the beginning of this hearing, the prosecutor shall read out his motion. A judge shall subsequently ask an accused person whether he understands the prosecutor’s charges and whether he agrees to be tried without delay or whether he wishes to have the hearing of the case conducted at a later date. The accused person may base a request to hold the hearing of the case at a later date solely on the grounds that he needs time to prepare for his defence. When making such a request, the accused person must indicate how much time he needs to prepare for his defence.

2. Having heard the opinions of the prosecutor, the victim, the accused person and the defence counsel, the judge shall take one of the following decisions:

1) to hold the hearing of the case in court without delay;

2) to hold the hearing of the case in court on the next day;

3) to reject the prosecutor’s motion for the hearing of the case under the accelerated procedure.

3. The decisions referred to in paragraph 2 of this Article shall be entered in a record of the court hearing and shall not be subject to appeal.

Article 429. Rejection of a prosecutor’s motion for the hearing of a case under the accelerated procedure or referral of the case to the prosecutor

1. A judge shall take a decision to reject a prosecutor’s motion for the hearing of a case under the accelerated procedure in the following cases:

1) where he establishes that the time limit provided for in Article 426 of this Code has been exceeded;

2) where he establishes that the case falls within the jurisdiction of a regional court.

2. Where, in the course of hearing of the case in court, it is established that the prosecutor’s motion for the hearing of the case under the accelerated procedure is materially inconsistent with the requirements of Article 427 of this Code, the case shall be referred to the prosecutor.

3. The judge’s decision to reject the prosecutor’s motion for the hearing of the case under the accelerated procedure and the judge’s ruling to refer the case to the prosecutor may be appealed against in accordance with the procedure laid down in Part X of this Code.

4. Where, in the cases specified in paragraph 1 of this Article, the prosecutor’s motion for the hearing of the case under the accelerated procedure is rejected, a pre-trial investigation shall continue under the general procedure.

Article 430. Actions of a court where it is decided to hold a hearing in court at a later date

1. If an accused person does not consent to the hearing of a case without delay on the grounds that he needs time to prepare for his defence, a judge must fix a later date for the hearing of the case in court. In this case, the hearing in court must be held after the expiry of a time limit requested by the accused person to prepare for his defence, but not later than after the lapse of 20 days. The judge shall fix a specific date for the hearing of the case in court after hearing the opinions of all the parties to the proceedings.

2. At the same hearing, when fixing a new date for the hearing of a case in court, the judge shall, at the request of a prosecutor or other parties to the proceedings or of his own motion, question witnesses or victims who appear before the court and also question the accused person subject to his consent. The witnesses and victims who have already been questioned shall be questioned at a later stage during the hearing of the case in court only at a reasoned request of one of the parties to the proceedings or at the request of the court. Where the court hearing the case considers that the request to question the witnesses or the victim has the purpose of delaying the proceedings, it may reject the request.

3. The judge may, at the prosecutor’s request or of his own initiative, decide to impose on the accused person the supervision measure of remand on the grounds and in accordance with the procedure laid down in Chapter XI of this Code.

4. The judge must serve summons on parties to the proceedings who appear before the court and must be summoned to participate in the hearing of that case in court at a later date.

Article 4301. Actions of a court when an accused person fails to appear before the court

1. If an accused person who has been notified of the date and place of the hearing of a case fails to appear for a trial for compelling reasons, a judge shall fix a later date for the hearing of the case and shall serve on the accused person a summons to stand trial.

2. The judge must serve summons on parties to the proceedings who appear before the court and must be summoned to participate in the hearing of that case in court at a later date.

Article 431. Specific features of participation of a defence counsel in accelerated proceedings

Where a person suspected of having committed a criminal act did not call in a defence counsel or did not have a defence counsel called in before his appearance before a court or where the defence counsel who was called in by the person suspected of having committed the criminal act or who was called in to defend this person by a pre-trial investigation officer or a prosecutor is unable to appear before the court due to a high workload or for other compelling reasons, the accused person shall be defended by the defence counsel appointed by the court. Such a defence counsel must be able to meet the defendant before the commencement of a court hearing and to have access to the material submitted to the court.

Article 432. Hearing of a case in court

1. The hearing of a case in court under the accelerated procedure shall be conducted in compliance with the rules laid down in Part V of this Code, only instead of an indictment a prosecutor shall read out his motion for the hearing of the case under the accelerated procedure.

2. No longer effective from 13 July 2013.

3. A judgment and rulings rendered after hearing a case under the accelerated procedure shall be appealed against under the general procedure.

CHAPTER XXXII

PROCEEDINGS IN THE ABSENCE OF AN ACCUSED PERSON

Article 433. Hearing of a case in the absence of an accused person

A case may be heard in the absence of an accused person in the case provided for in Article 246 of this Code. A judge shall resolve the issue of whether the case may be heard in the absence of the accused person when preparing the case for hearing in court. If, in the course of hearing of the case in court, it transpires that the just resolution of the case is impossible without the participation of the accused person, the hearing of the case shall be stayed.

Article 434. Procedure for hearing a case in the absence of an accused person

A case shall be heard in the absence of an accused person in accordance with the rules laid down in Part V of this Code, with the exceptions provided for in this Chapter.

Article 435. Ensuring the right of an accused person to defence

When hearing a case in the absence of an accused person, the presence of the defence counsel shall be necessary in all cases. During the hearing of the case in court, the interests of the accused person shall be defended by a defence counsel appointed by the court, unless the accused person has chosen his defence counsel in advance or the defence counsel is called in by close relatives or family members of the accused person.

Article 436. Specific features of the hearing of a case in the absence of an accused person

1. When hearing a case in the absence of an accused person, his defence counsel shall be given an opportunity to state his opinion on the charges at the beginning of the examination of evidence in court after a prosecutor has read out an indictment in accordance with the procedure laid down in Article 271 of this Code. Parties to the proceedings may request the defence counsel to clarify his position.

2. When hearing a case in the absence of an accused person, the opportunity to conduct summary examination of evidence as provided for in Article 273 of this Code may not be exercised even though the case file contains the guilty plea of the accused person, which is not contested by the defence counsel.

3. When hearing a case in the absence of an accused person, the defence counsel shall be allowed to deliver the final plea after closing speeches. The court shall subsequently retire without delay for the passing of a judgment.

Article 437. Service and execution of a judgment passed after hearing a case in the absence of an accused person

1. A judgment passed after hearing a case in the absence of an accused person shall be served on the defence counsel of the accused person. The time limit within which the judgment becomes final shall start to run from the time of service of the judgment on the defence counsel.

2. A judgment which has been passed and has become final shall be executed prior to the detention of a convicted person or his delivery by extradition proceedings or under a European arrest warrant only to the extent that it is possible to execute it without the presence of the convicted person.

Article 438. Procedure for appealing against a judgment passed in the absence of an accused person

1. A convicted person whose case was heard in absentia shall have the right to file an appeal even after the expiry of a time limit for filing such an appeal, also to declare that he will participate in the hearing of the case under appeal procedure. If the execution of a judgment has already commenced, a court competent to hear the case under appeal procedure may, of its own motion or at the request of the convicted person or his defence counsel, issue a ruling to stay the execution of the judgment.

2. If a convicted person who filed an appeal provided for in paragraph 1 of this Article and who is not in custody fails to appear for the hearing of the case under appeal procedure without a compelling reason, an appellate court may hear the case in the absence of the convicted person or may terminate the appellate proceedings.

3. Having received an appeal of a convicted person who was tried in absentia in a court of first instance, an appellate court must repeat the actions of examination of evidence carried out in the court of first instance in the course of which the evidence subject to examination was used to support the judgment of conviction, if the convicted person disputes in his appeal the assessment of that evidence. These actions of examination of evidence must be repeated regardless of whether or not the case has already been heard in accordance with appeals of other parties to the proceedings. A judgment or ruling rendered in the course of appellate proceedings opened on the basis of the appeal of the convicted person may be appealed against under the general procedure.

4. Other parties to proceedings may appeal against a judgment and rulings in accordance with the procedure laid down in Article 313 of this Code.

PART X

APPEAL TO HIGHER COURTS AGAINST RULINGS OF LOWER COURTS AND HEARING OF APPEALS

Article 439. Appeal to higher courts against rulings of lower courts

1. Participants in the hearing of a case and other persons shall have the right to appeal to higher courts, in accordance with the procedure laid down in this Part of the Code, against rulings issued in lower courts during the preparation of a case for hearing or at a trial, also, in the cases provided for in this Code, against other rulings issued by courts, except for the cases where this Code provides for a special procedure for appealing against specific court rulings.

2. Court rulings regarding the referral of a case for hearing at a trial, the possibility of hearing a case in the absence of any of parties to proceedings, the filed motions for challenge, the collection of new evidence, the hearing of requests of parties to proceedings, observations entered in a record of a trial and maintenance of order during the trial, the resumption of the examination of evidence in court shall not be subject to appeal in accordance with the procedure laid down in this Part.

Article 440. Procedure for appealing to higher courts against rulings of lower courts

1. Participants in the hearing of a case shall have the right to file appeals with a higher court against a ruling of a lower court if they believe that their rights and legitimate interests have been violated by the ruling of the lower court. The appeals may also be filed by other parties to the proceedings as well as by the persons other than participants in the hearing of the case who were subject to coercive measures provided for in Article 163 of this Code.

2. An appeal against a ruling of a district court shall be filed with a regional court, against a ruling of a regional court – with the Court of Appeal of Lithuania within seven days from the receipt of the ruling. The appeal shall be filed through the court which issued the ruling and which shall, not later than within three days, notify the persons concerned of the received appeal and of the right, within 14 days from the dispatch of the notification, to submit to a higher court a statement of defence, motions for challenge and other requests and shall transmit the appeal together with a transcript of the ruling and other material to the higher court.

Article 441. Procedure for hearing an appeals in a higher court

1. The chair of a higher court or the chair of the criminal division thereof shall assign an appeal to a judge or a judicial panel of three judges and shall approve one of these judges as the chair of the judicial panel. If a ruling under appeal was issued by a district court or a single judge in a regional court, the appeal shall be heard by the single judge of the regional court or the Court of Appeal of Lithuania; if the ruling was issued by a judicial panel of a regional court, the appeal shall be heard before a judicial panel of three judges of the Criminal Division of the Court of Appeal of Lithuania.

2. An appeal must be heard in a higher court within seven days from the receipt of the appeal by this court or, where a court hearing is not held, within seven days from the expiry of a time limit for submitting statements of defence.

3. An appeal filed against the court rulings referred to in Article 132(5) and Article 405(6) of this Code or filed on the grounds aggravating the position of participants in the hearing of the case must, and an appeal filed against other decisions of a lower court may, be heard at a court hearing which may be attended by a prosecutor and an appellant. If the appeal is filed by an accused person on remand or a convicted person on remand, the court hearing shall be attended by their defence counsel. Failure of these persons to appear, provided that they were informed in due time of the date of the court hearing, shall not preclude the hearing of the appeal.

4. When hearing an appeal at a court hearing, the person who filed it or the defence counsel of an accused person on remand or of a convicted person on remand may provide clarifications to adjust or supplement the arguments of the appeal, as well as submit documents related to the appeal.

Article 442. Decisions of a higher court taken after hearing an appeal

1. Having heard an appeal, a judge or a judicial panel of a higher court shall issue one of the following rulings:

1) to dismiss the appeal and to uphold a court ruling;

2) to annul a court ruling and to take a new decision on the appeal;

3) to amend a court ruling.

2. A ruling of a regional court or the Court of Appeal of Lithuania on an appeal shall become final from the issue thereof and shall not be subject to appeal.

PART XI

REOPENING OF A CRIMINAL CASE

CHAPTER XXXIII

REOPENING OF A CRIMINAL CASE DUE TO NEWLY TRANSPIRED CIRCUMSTANCES

Article 443. Annulment of a final court judgment or ruling due to newly transpired circumstances

1. A final court judgment or ruling may be annulled due to newly discovered circumstances referred to in Article 444 of this Code.

2. A final judgment or ruling shall be annulled and cases shall be reopened due to newly transpired circumstances by a judicial panel of three justices of the Criminal Division of the Supreme Court of Lithuania.

Article 444. Newly transpired circumstances due to which a criminal case may be reopened

1. The newly transpired circumstances due to which a judgment or ruling may be annulled and a criminal case may be reopened shall be as follows:

1) a final court judgment establishes that the testimony of a witness or a victim or an expert report is false, as well as other evidence on which the judgment or the ruling is based is not authentic;

2) a final court judgment establishes that judges engaged in criminal abuse when hearing the case;

3) a final court judgment establishes that officers engaged in criminal abuse when conducting a pre-trial investigation, which resulted in the passing of an unlawful and unfounded judgment;

4) other circumstances which were not and could not have been known to the court at the time of rendering the judgment or ruling, although the pre-trial investigation and the hearing of the case were conducted in detail, and which alone or together with the previously established circumstances prove that the convicted person is innocent or that he committed a less or more serious criminal act than the one of which he was convicted, also which prove that the acquitted person or the person whose case has been dismissed is guilty.

2. Where a judgment cannot be passed in respect of the persons listed in points 1-3 of paragraph 1 of this Article because an accused person is deceased or the limitation period for the passing of a judgment of conviction has expired, the newly transpired circumstances shall be established in the course of an investigation conducted in accordance with the procedure laid down in Articles 446 and 447 of this Code.

Article 445. Time limits for reopening a criminal case due to newly transpired circumstances

A criminal case may be reopened due to newly transpired circumstances not later than within one year from the transpiration of the new circumstances.

Article 446. Commencement of proceedings due to newly transpired circumstances

1. A motion regarding newly transpired circumstances may be filed with a prosecutor by a convicted person, an acquitted person, their defence counsel and legal representatives, a victim, a civil claimant, a civil defendant and their representatives.

2. Persons’ motions regarding newly transpired circumstances in respect of final judgments of district courts shall be examined by the chief prosecutor of a district prosecutor’s office, motions in respect of judgments and rulings of regional courts – by the chief prosecutor of a regional prosecutor’s office, motions in respect of judgments and rulings of the Court of Appeal of Lithuania and rulings of the Supreme Court of Lithuania – by the Prosecutor General of the Republic of Lithuania.

3. A prosecutor who believes that at least one of the circumstances provided for in Article 444 of this Code may exist shall, of his own motion or at the request of parties to proceedings, adopt a decision to open proceedings due to newly transpired circumstances and, based on the rules of this Code, shall conduct an investigation of those circumstances himself or shall assign this to a pre-trial investigation body.

4. A prosecutor who has not found a ground for opening proceedings due to newly transpired circumstances shall adopt a decision to refuse to open proceedings. The persons concerned shall be notified of such a decision of the prosecutor and shall be instructed as to the right to appeal against the decision to a senior prosecutor. The person concerned may appeal against the decision of this prosecutor in accordance with the procedure and within the time limits laid down in Article 447(2) of this Code.

Article 447. Actions of a prosecutor upon completion of an investigation of newly transpired circumstances

1. Where an investigation of newly transpired circumstances is completed and there are grounds for reopening a case, a prosecutor shall transmit the investigation material and his conclusion to the President of the Supreme Court of Lithuania.

2. If there are no grounds for reopening the case, the prosecutor shall terminate the proceedings by his decision. The persons concerned shall be notified of the decision and shall also be instructed as to the right to appeal against the prosecutor’s decision. The prosecutor’s decision may be appealed against to a senior prosecutor within five days from the receipt of a notice thereof, while a decision of the senior prosecutor may be appealed against within three days to a district court if the appeal was heard by the chief prosecutor of a regional prosecutor’s office or to Vilnius Regional Court if the appeal was heard by the Prosecutor General of the Republic of Lithuania. The court shall hear the appeal by applying the provisions of Article 64 of this Code accordingly. A ruling of the court which has heard the appeal may be appealed against in accordance with the procedure laid down in Part X of this Code.

Article 448. Procedure for reopening a criminal case in court due to newly transpired circumstances

1. The issue of reopening of a case due to newly transpired circumstances shall be heard and resolved at the Supreme Court of Lithuania before a judicial panel of three justices of the Criminal Division who did not previously participate in the hearing of the case (except when hearing the case at a plenary session of the Supreme Court of Lithuania). This judicial panel shall consist of the President of the Supreme Court of Lithuania or the chair of the Criminal Division. He shall appoint a rapporteur and shall appoint one of the justices as the chair of the judicial panel.

2. The judicial panel shall hold a court hearing to consider a prosecutor’s conclusion and the investigation material. Where necessary, the file of a case in which a judgment or ruling to be annulled was rendered may be evoked.

3. A prosecutor shall participate in the court hearing. The person, as referred to in Article 446(1) of this Code, who filed a motion regarding newly transpired circumstances shall be notified of the place and date of the court hearing, however his failure to appear shall not preclude the hearing of the case.

4. At a fixed time, the chair of the judicial panel shall commence the court hearing, announce the prosecutor’s conclusion and the court judgment or ruling in relation to which it is to be considered. The chair of the judicial panel shall subsequently check who has appeared for the hearing and announce the composition of the court. If the issue of challenge arises, the court shall resolve it in accordance with the procedure laid down by this Code.

5. The hearing of the case shall commence with a report of a judge in which he sets out the merits of the case.

6. After the judge’s report, the prosecutor shall provide clarifications.

7. After hearing the clarifications, the court shall, having taken a decision on the bench or in the deliberation room, notify of the date and place of pronouncement of a ruling. The ruling shall be issued and pronounced in compliance with the relevant provisions provided for in Articles 297-299, 302 and 308 of this Code.

Article 449. Court rulings concerning a prosecutor’s conclusion to reopen a criminal case

1. Having considered a prosecutor’s conclusion and investigation material, a court may issue one of the following rulings:

1) to annul a court judgment or ruling, to reopen a case and to refer it for reinvestigation or for retrial;

2) to annul a court judgment or ruling and to dismiss the case;

3) to refuse to reopen a case.

2. Having issued a ruling to annul a court judgment or ruling, to reopen a case and to refer it for reinvestigation or for retrial, a court shall have the right to stay the execution of a judgment or ruling rendered by any court of the Republic of Lithuania.

Article 450. Proceedings following the reopening of a criminal case due to newly transpired circumstances

If a criminal case is reopened due to newly transpired circumstances, a pre-trial investigation and hearing in court shall be conducted, and a subsequent judgment shall be appealed against, in accordance with the general procedure.

CHAPTER XXXIV

REOPENING OF A CRIMINAL CASE DUE TO A MANIFESTLY INCORRECT APPLICATION OF A CRIMINAL LAW

Article 451. Grounds for reopening a criminal case due to a manifestly incorrect application of a criminal law

Criminal cases which were heard or were left unheard in a court of cassation, also criminal cases in which a judgment or ruling could not be appealed against or which were not appealed against under cassation procedure shall be reopened where, according to the circumstances indicated in the judgments and rulings, there are grounds for believing that a criminal law was applied manifestly incorrectly and therefore it is necessary:

1) to annul a judgment of conviction and subsequent court rulings and to dismiss the criminal case;

2) to change the classification of a criminal act committed by a convicted person in accordance with another article of the Special Part of the Criminal Code of the Republic of Lithuania, a paragraph or point thereof providing for a less serious criminal act;

3) to reduce a combined sentence imposed on a convicted person after rectifying the incorrect application of Articles 63-65 of the Criminal Code of the Republic of Lithuania;

4) to release a convicted person from a penalty because the limitation period for the passing of a judgment of conviction has expired;

5) to release a convicted person from a penalty or to reduce it upon rectifying the incorrect application of an act of amnesty.

Article 452. Right to file a motion for reopening of a criminal case

1. A convicted person, his legal representative and defence counsel as well as the Prosecutor General of the Republic of Lithuania shall have the right to file a motion with the Supreme Court of Lithuania for reopening of a criminal case on the grounds specified in Article 451 of this Code. The President of the Supreme Court of Lithuania shall have the right to make a submission to a judicial panel on this issue. The motion may be filed, or the submission may be made, for reopening of the criminal case only until a convicted person has served a sentence imposed on him or until the expiry of a period for which execution of the sentence has been stayed.

2. Repeat motions and submissions for reopening of a criminal case shall not be admitted or heard.

Article 453. Taking of a decision on the reopening of a criminal case

1. Having established that the received motion is not signed, was filed after exceeding the time limits laid down in Article 452(1) of this Code, was filed repeatedly or the grounds provided for in Article 451 of this Code are incorrectly indicated therein, the President of the Supreme Court of Lithuania or the chair of the Criminal Division shall return the motion to the person who filed it. A duly drawn-up motion may be refiled.

2. If the motion complies with the requirements of this Code, the President of the Supreme Court of Lithuania or the chair of the Criminal Division shall issue a ruling to refer the motion to a judicial panel of the Criminal Division.

3. A judicial panel of three justices of the Criminal Division of the Supreme Court of Lithuania shall decide by a ruling whether a criminal case needs to be reopened within one month from the issue of a ruling referred to in paragraph 2 of this Article or, where there is a ground for believing that a convicted person must be released from the place of custody, without delay.

4. The reopened case shall be referred to:

1) a judicial panel of three justices of the Criminal Division of the Supreme Court of Lithuania if it was heard in courts of first instance and appeal or only in courts of first instance;

2) an extended judicial panel of seven justices of the Criminal Division of the Supreme Court of Lithuania if it was heard before a judicial panel of three justices of the Criminal Division of the Supreme Court of Lithuania. The extended judicial panel of seven justices may not include a judge who participated in the hearing of the case in a court of cassation;

3) a plenary session of the Criminal Division of the Supreme Court of Lithuania if it was heard before an extended judicial panel of seven justices of the Criminal Division of the Supreme Court of Lithuania.

5. Having decided to reopen the criminal case, the judicial panel of three justices of the Criminal Division of the Supreme Court of Lithuania may, by the same ruling, stay the execution of the judgments and rulings rendered in that case.

Article 454. Hearing of a reopened criminal case

1. During the hearing of a reopened criminal case, a prosecutor and a defence counsel shall participate in a court hearing. A convicted person, his legal representative, a victim and his representative may be called in to the court hearing. Failure of these persons to appear, provided that they were duly informed of the date and place of the hearing of the case, shall not preclude the hearing of the case.

2. At the beginning of the hearing of the case, the chair of a judicial panel shall ask participants in the hearing of the case whether they challenge judges, the prosecutor, the defence counsel, the interpreter or the clerk of the court hearing. A decision on motions for challenge shall be taken in accordance with the procedure laid down in Articles 57-59 and 61 of this Code.

3. One of the judges shall set out the merits of the case in a report.

4. After the judge’s report, speeches of the persons appearing for the hearing shall be heard. The person who filed the respective motion shall speak first.

5. After hearing the speeches, the court shall, having taken a decision on the bench or in the deliberation room, notify of the date and place of pronouncement of a ruling. The ruling shall be issued and pronounced in compliance with the relevant provisions provided for in Articles 297-299, 302 and 308 of this Code.

6. If a convicted person must be released from the place of custody, the entire ruling must be drawn up and delivered for execution on the day of its pronouncement.

7. At the court hearing, a record of the court hearing shall be drawn up.

Article 455. Rulings of a court upon completion of the hearing of a case

Having completed the hearing of a case, a court shall issue one of the following rulings:

1) to reject a motion or a submission for reopening of the criminal case;

2) to annul a judgment and subsequent court rulings and to dismiss the case;

3) to annul decisions of courts of appeal and cassation and to uphold a judgment or a ruling of a court of first instance (with or without amendments);

4) to annul a ruling of a court of cassation and to uphold judgments and rulings of courts of first instance and appeal (with or without amendments);

5) to amend court judgments or court rulings.

CHAPTER XXXV

REOPENING OF A CRIMINAL CASE PURSUANT TO DECISIONS OF THE UNITED NATIONS HUMAN RIGHTS COMMITTEE OR THE EUROPEAN COURT OF HUMAN RIGHTS OR A RULING OF THE CONSTITUTIONAL COURT

Article 456. Grounds for reopening a criminal case pursuant to decisions of the United Nations Human Rights Committee or the European Court of Human Rights or a ruling of the Constitutional Court

Criminal cases heard by courts of the Republic of Lithuania may be reopened where:

1) the United Nations Human Rights Committee finds that a decision to convict a person was taken in violation of the International Covenant on Civil and Political Rights or its Optional Protocols, or the European Court of Human Rights finds that the decision to convict the person was taken in violation of the Convention for the Protection of Human Rights and Fundamental Freedoms or its Additional Protocols, where the violations, by virtue of their nature and gravity, raise reasonable doubts as to the person’s conviction and the continuing violations may be rectified only by reopening of the case involving the convict;

2) the Constitutional Court, when hearing the request of the person referred to in the fourth paragraph of Article 106 of the Constitution, finds that a law or any other act passed by the Seimas, a decree of the President of the Republic or an act of the Government (or part thereof) on which the taken decision to convict a person is based is in conflict with the Constitution and raises reasonable doubts as to the conviction of the person, while the continuing violations of the rights and freedoms of this person may be rectified only by reopening the case involving the convict.

Article 457. Right to request reopening of a criminal case

1. A request to reopen a criminal case on the grounds referred to in point 1 of Article 456 of this Code may be submitted by a person against whom violations of the International Covenant on Civil and Political Rights or its Optional Protocols or the Convention for the Protection of Human Rights and Fundamental Freedoms or its Additional Protocols have been committed, his successor in title, an authorised representative of these persons or the Prosecutor General of the Republic of Lithuania.

2. A request to reopen a criminal case on the grounds referred to in point 2 of Article 456 of this Code may be submitted by a person in respect whereof a decision to convict him has been taken on the basis of a law or any other act passed by the Seimas, a decree of the President of the Republic or an act of the Government (or part thereof) which the Constitutional Court, when hearing the person’s request, found to be in conflict with the Constitution, also his representative or the Prosecutor General of the Republic of Lithuania.

3. The President of the Supreme Court of Lithuania may, by making a submission, request that a case be reopened also in the absence of a request referred to in this Article.

Article 458. Submission of a request or making of a submission for reopening of a criminal case

1. A request to reopen a criminal case shall be submitted, or a submission to this end shall be made, to the Supreme Court of Lithuania. The request shall be submitted, or the submission shall be made, to reopen a criminal case on the grounds referred to in point 1 of Article 456 of this Code together with a decision of the United Nations Human Rights Committee or a final judgment of the European Court of Human Rights and their translation into the Lithuanian language.

2. A request shall be submitted, or a submission shall be made, within six months after the date on which a ruling of the Constitutional Court or a decision of the United Nations Human Rights Committee or a judgment the European Court of Human Rights is or becomes final.

3. A repeat request or a repeat submission concerning the same person and on the same grounds may not be submitted and heard.

Article 459. Decision on the admissibility of a request or a submission and reopening of a criminal case

1. The President of the Supreme Court of Lithuania shall verify whether a request for the reopening of a case was submitted without prejudice to the requirements of Article 457(1) or (2) and Article 458 of this Code, also whether the hearing of the case was reopened in the European Court of Human Rights. If such infringements exist or the hearing of the case was reopened in the European Court of Human Rights, the President of the Supreme Court of Lithuania shall return the request to the applicant. A duly submitted request or a duly made submission shall be referred to a judicial panel of three judges for determination of its admissibility in accordance with the requirements of Article 456 of this Code. The judicial panel shall decide on the admissibility of the request or submission within one month from the referral of the request or the submission to the judicial panel.

2. Having considered the issue of admissibility of the request or the submission to reopen the criminal case, the judicial panel shall issue one of the following rulings:

1) to reject the request or the submission as unfounded and to refuse to reopen the criminal case;

2) to refer the request or the submission to the Supreme Administrative Court of Lithuania or any other competent authority;

3) to admit the request or the submission and to reopen the criminal case.

3. In the event of issuing the ruling referred to in point 3 of paragraph 2 of this Article, the judicial panel shall refer the case for hearing to:

1) a judicial panel of three justices of the Criminal Division of the Supreme Court of Lithuania, where the case was not heard under cassation procedure. In this case, the case may be heard before the same judicial panel which reopened the criminal case;

2) a plenary session of the Criminal Division of the Supreme Court of Lithuania, where the case was heard under cassation procedure.

4. If the judicial panel decides to reopen the criminal case, it may, by the same ruling, stay the execution of the judgments and rulings rendered in that case.

Article 460. Hearing of a reopened criminal case

1. A hearing of a judicial panel or a plenary session of the Criminal Division of the Supreme Court of Lithuania for the hearing of a reopened criminal case shall be held within the shortest possible time period after the issue of a ruling to reopen the criminal case.

2. A person who submits a request to reopen the criminal case shall have the right to attend the court hearing. The hearing shall be attended by a prosecutor and a defence counsel. A convict, a victim and their legal representatives shall be notified of the hearing. If the ground for reopening the case is related to the issues resolved by a cassation ruling, all persons who had the right to participate in the hearing of the case under cassation procedure shall be notified thereof. Failure of the persons to appear, provided that they were duly informed of the date and place of the hearing of the reopened case, shall not preclude the hearing of the case.

3. At the beginning of the hearing of the case, a judge appointed as rapporteur shall set out the merits of the case. After the judge’s statement, the floor shall be given to the person who submitted the request to reopen the criminal case. The court shall subsequently give the floor to other persons participating in the hearing of the case. The person who submitted the request to reopen the case shall have the right to provide additional clarifications last.

4. Having heard the speeches and additional clarifications of the persons participating in the hearing of the case, the court shall, having taken a decision on the bench or in the deliberation room, notify of the date and place of pronouncement of a ruling. The ruling shall be issued and pronounced in compliance with the relevant provisions provided for in Articles 297-299, 302 and 308 of this Code.

5. If, after completing the hearing of the reopened case the convict must be released from the place of custody, the ruling shall be delivered for execution on the day of its pronouncement.

6. At the court hearing, a record of the court hearing shall be drawn up.

Article 461. Rulings of a court upon completion of the hearing of a reopened criminal case

1. Having completed the hearing of a reopened criminal case, a court shall issue one of the following rulings:

1) to reject a request or a submission to reopen a criminal case and to uphold court judgments and subsequent court rulings;

2) to annul a judgment and subsequent court rulings and to dismiss the case;

3) to annul a judgment and subsequent court rulings and to refer the case for reinvestigation or retrial in a court of first instance;

4) to annul a judgment or a ruling of an appellate court and to uphold a judgment of a court of first instance (whether amended or not);

5) to annul a judgment or ruling of an appellate court and to refer the case for retrial under appeal procedure;

6) to annul a cassation ruling and to issue a new ruling;

7) to amend court judgments or court rulings.

2. Having completed the hearing of a reopened criminal case, a court may annul court judgments or rulings in part.

3. The court rulings referred to in this Article shall be final and not subject to appeal.

Annex to

the Republic of Lithuania

Code of Criminal Procedure

LEGAL ACTS OF THE EUROPEAN UNION IMPLEMENTED BY THIS LAW

1. Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings (OJ 2004 Special edition, Chapter 19, Volume 04, p. 72).

2. Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (OJ 2002 L 63, p. 1).

3. Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ 2004 Special edition, Chapter 19, Volume 06, p. 34).

4. No longer effective from 15 June 2017.

5. Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties (OJ 2005 L 76, p. 16).

6. No longer effective from 19 December 2020.

7. Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union (OJ 2008 L 327, p. 27), as amended by Council Framework Decision 2009/299/JHA of 26 February 2009 (OJ 2009 L 81, p.24).

8. Council Decision 2009/426/JHA of 16 December 2008 on the strengthening of Eurojust and amending Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime (OJ 2002 L 138, p. 14).

9. Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial (OJ 2009 L 81, p. 24).

10. Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings (OJ 2009 L 328, p. 42).

11. Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings (OJ 2010 L 280, p. 1).

12. Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ 2011 L 101, p. 1).

13. Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ 2011 L 335, p. 1).

14. Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order (OJ 2011 L 338, p. 2).

15. Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (OJ 2012 L 142, p. 1).

16. Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ 2012 L 315, p. 57).

17. Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ 2013 L 294, p.1).

18. Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union (OJ 2014 L 127, p. 39).

19. Directive 2014/62/EU of the European Parliament and of the Council of 15 May 2014 on the protection of the euro and other currencies against counterfeiting by criminal law, and replacing Council Framework Decision 2000/383/JHA (OJ 2014 L 151, p. 1).

20. Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings (OJ 2016 L 65, p. 1).

21. Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings (OJ 2012 L 132, p. 1).

22. Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings (OJ 2016 L 297, p. 1).

23. Council of Europe Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office.