LIETUVOS RESPUBLIKOS KRIMINALINĖS ŽVALGYBOS ĮSTATYMAS

REPUBLIC OF LITHUANIA

LAW ON CRIMINAL INTELLIGENCE

2 October 2012 No XI-2234

(As last amended on 19 December 2023 – No XIV-2393)

Vilnius

SECTION ONE

GENERAL PROVISIONS

Article 1. Purpose of the Law

This Law shall set out the legal framework and fundamental principles governing the execution of criminal intelligence activities, outline the guiding principles and objectives of criminal intelligence operations, provide for the rights and responsibilities of criminal intelligence entities, lay down the procedures for conducting criminal intelligence investigations, provide for the involvement of individuals in criminal intelligence activities, cover the use of criminal intelligence, and provide for the financing, coordination and oversight of criminal intelligence activities.

Article 2. Definitions

1. ‘Covert human intelligence activity’ means a method of collecting criminal intelligence through trusted covert participants of criminal intelligence and/or collaboration with other individuals.

2. ‘Inquiry’ means a method of collecting criminal intelligence through direct communication with individuals possessing pertinent information. Secret inquiry means the type of inquiry where the affiliation of the inquiry officer with a criminal intelligence entity is concealed through encryption.

3. ‘Inspection’ means a method of collecting and documenting criminal intelligence through public, encrypted or secret inspection of objects, documents, premises, vehicles, locations, persons or other items.

4. ‘Verification’ means a method of collecting criminal intelligence by verifying the criminal intelligence received as well as by identifying the existence of items and/or services prohibited in circulation and procuring them. The main criminal intelligence institutions shall be responsible for setting out the procedures for authorising and conducting verifications.

5. ‘Controlled delivery’ means an authorised method of collecting intelligence involving the controlled passage of goods and other items into, through, or out of the territory of the Republic of Lithuania, where the transport of these goods or items is unlawful or suspect and where this operation is conducted under the supervision of a criminal intelligence entity with a view to detecting criminal acts and identifying persons involved in, planning, or having committed such criminal acts.

6. ‘Criminal intelligence activity’ means the collection, recording, evaluation and use of available criminal intelligence on criminal intelligence targets by criminal intelligence entities under the procedure laid down in this Law.

7. ‘Criminal intelligence’ means the data collected through the activities of criminal intelligence entities in the course of addressing the tasks of criminal intelligence and recorded in accordance with the procedure laid down by legal acts.

8. Methods of collecting criminal intelligence:

1) covert human intelligence activity;

2) inquiry;

3) inspection;

4) verification;

5) controlled delivery;

6) simulation of a criminal act;

7) ambush;

8) surveillance;

9) undercover operation;

10) task of the law enforcement institutions.

9. ‘Criminal intelligence information system’ means a tool for processing criminal intelligence on criminal intelligence targets, where the intelligence is obtained in the course of criminal intelligence activities, and for providing criminal intelligence to criminal intelligence entities. The criminal intelligence information system is designed for accessing data from the information systems established in accordance with the procedure laid down by legal acts and tailored to process data through legal, organisational, and technological measures, particularly data acquired during criminal intelligence activities and/or any other pertinent information, including data retrieved through information systems.

10. ‘Criminal intelligence targets’ means criminal acts under preparation, currently being committed or having been committed in the past, individuals involved in, planning or having committed criminal acts, activities committed by individuals to counter or obstruct criminal intelligence activities, and other events and persons associated with national security.

11. ‘Main institutions of criminal intelligence’ means the Financial Crime Investigation Service under the Ministry of the Interior of the Republic of Lithuania, the Lithuanian Prison Service, the Dignitary Protection Service of the Republic of Lithuania, the Customs Department under the Ministry of Finance of the Republic of Lithuania, the Police Department under the Ministry of the Interior of the Republic of Lithuania, the Special Investigation Service of the Republic of Lithuania, and the State Border Guard Service under the Ministry of the Interior of the Republic of Lithuania. The Second Investigation Department under the Ministry of National Defence and the State Security Department of the Republic of Lithuania shall also enjoy the rights and duties of the main criminal intelligence institutions when their units carry out a criminal intelligence investigation on the grounds and in accordance with the procedure laid down by this Law.

12. ‘Criminal intelligence entities’ means units authorised to carry out criminal intelligence activity. The Government of the Republic of Lithuania shall draw up the list of these units and specify the scope of their activity.

13. ‘Criminal intelligence investigation’ means an organisational tactical approach within criminal intelligence activities, utilizing specific methods and tools to collect intelligence for the execution of designated criminal intelligence tasks. These investigations are conducted on the basis of and in adherence to the procedures laid down in this Law.

14. ‘Simulation of a criminal act’ means a method of collecting criminal intelligence that has the formal characteristics of a criminal act or an infringement. This method is employed in order to safeguard human rights and freedoms protected by law as well as to defend property, public safety and national security from criminal acts.

15. ‘Ambush’ means a method of collecting criminal intelligence, which is employed for impeding individuals involved in, planning or having committed a criminal act and for collecting pertinent information crucial for investigating the criminal act, where there is actionable intelligence on the individuals involved and/or details on the location and timing of commission of the criminal act.

16. ‘Prosecutor’ means either the Prosecutor General or authorised prosecutors within the Prosecutor General’s Office or Regional Prosecutor’s Offices who are entrusted with supervising the lawfulness of criminal intelligence activities and coordinating their implementation.

17. ‘Surveillance’ means a method of collecting criminal intelligence by detecting, recognising and/or observing a criminal intelligence target.

18. ‘Undercover operation’ means collecting criminal intelligence through engaging or otherwise involving covert participants of criminal intelligence and employees of criminal intelligence entities. This method shall be employed where there are grounds for conducting a criminal intelligence investigation. The main criminal intelligence institutions shall set out the procedure for conducting undercover operations.

19. ‘Task of the law enforcement institutions’ means a method of collecting criminal intelligence employed in the investigation of criminal acts committed by a criminal association or an organised group, also means a lawful instruction given by criminal intelligence entities to a covert participant of criminal intelligence to collect the necessary criminal intelligence by participating in the activities of, and in the commission of criminal acts by, a criminal association or an organised group. This also includes any other lawful instruction to collect criminal intelligence on criminal intelligence targets for the purpose of detecting and prosecuting the organisers and perpetrators of criminal acts.

20. ‘Use of technical means’ means the installation and use of various technical tools, along with any other associated lawful measures. In the context of criminal intelligence, technical means may be employed either under standard or specialised procedure.

21. ‘Use of technical means under standard procedure’ means the use of technical tools in criminal intelligence in accordance with the procedure laid down by the main institutions of criminal intelligence in cases outside the ones listed in paragraph 22 of this Article. Technical means under standard procedure shall also be employed in the cases listed in paragraph 22 of this Article, where they are deployed to record data collected during public surveillance or at the initiative of criminal intelligence entities to enhance internal security within their premises and vehicles. This shall not apply to premises used by the legal persons established under Article 6(1)(2) of this Law.

22. ‘Use of technical means under specialised procedure’ means the use of technological tools in criminal intelligence to monitor or document economic or financial operations, financial and/or payment instruments of natural or legal persons, conversations, and other communications or activities, provided such use is authorised by a reasoned court ruling. It is essential that participants of the conversation, communication or activities are unaware of surveillance and the process strictly adheres to legal procedures limiting the human right to the inviolability of private life.

23. ‘Internal security’ means a comprehensive set of actions and measures designed to ensure smooth operation of the main institutions of criminal intelligence and criminal intelligence entities and to counter both external and internal factors that threaten the management and professional efficiency of criminal intelligence staff and the infrastructure and information security of the criminal intelligence entities. It also addresses and counteracts criminal acts against criminal intelligence staff, their family members and their property, insofar as such criminal acts impede the professional activities of criminal intelligence staff.

Article 3. Legal framework and principles governing criminal intelligence activities

1. Criminal intelligence entities shall operate within the framework of the Constitution of the Republic of Lithuania, this Law and other laws, international treaties of the Republic of Lithuania and other legal acts.

2. Criminal intelligence activities shall adhere to the principles of lawfulness, respect for human rights and freedoms, protection of the public interest, conspiracy, confidentiality, and coordination of public and covert actions.

Article 4. Tasks of criminal intelligence

Criminal intelligence entities shall be tasked to do the following:

1) prevent criminal acts;

2) detect criminal acts and identify the persons involved in, planning or having committed them;

3) protect persons from criminal impact;

4) search for persons who abscond from a pre-trial investigation or court, as well as for convicted and missing persons;

5) search for items, money, securities, and other property associated with the commission of criminal acts;

6) ensure the internal security of criminal intelligence entities.

Article 5. Protection of human rights and freedoms in the course of conducting criminal intelligence activities

1. Criminal intelligence activities must respect human rights and freedoms. Individual restrictions on these rights and freedoms shall be temporary and may only be applied in accordance with the procedure laid down by law in order to protect another person’s rights and freedoms, property, public safety, and national security.

2. Criminal intelligence activities shall be conducted without regard to gender, race, nationality, language, origin, social status, faith, and beliefs or convictions.

3. Criminal intelligence activities targeting the President of the Republic shall be strictly prohibited.

4. Criminal intelligence entities may not provoke persons to commit criminal acts. Provocation means the exertion of pressure, coercion or incitement to commit a criminal act by restricting the freedom of choice of a person, leading to real or attempted commission of an unpremeditated criminal act.

5. Where human rights and freedoms have been violated, criminal intelligence entities must, in accordance with the procedure laid down by legal acts, restore the violated rights and freedoms and compensate for the damage.

6. Persons targeted in criminal intelligence activities have the right to request access to any personal data collected during such activities if the allegations remain unconfirmed and no pre-trial investigation has been initiated, yet legal consequences have ensued for the person concerned. The sole exception to this provision is the data specified in Article 19(7) of this Law.

7. If, during or after the completion of criminal intelligence activities, it is determined that the information collected regarding the criminal intelligence target has not been confirmed or that the objectives of the investigation cannot be achieved, the collection of further intelligence on the criminal intelligence target must cease immediately and all the previously collected information pertaining to the target must be promptly destroyed. If criminal intelligence about the criminal intelligence target is not used in accordance with the procedure laid down in Article 19 of this Law after the completion of a criminal intelligence investigation, the criminal intelligence on the private life of the person concerned collected during the criminal intelligence investigation must be destroyed within three months. One month prior to the destruction of criminal intelligence collected through authorised methods of collecting criminal intelligence, notification must be provided to both the officer and the prosecutor who sanctioned the methods and submitted a reasoned motion for their approval. Other data from suspended criminal investigations or from information systems and/or files and data contained in information systems shall be stored in compliance with the procedures outlined in legal acts governing the storage, use, and disposal of files and data pertaining to criminal intelligence investigations stored in information systems. The main criminal intelligence institution shall set out the procedure for destroying the collected data.

8. If criminal intelligence oversight reveals that human rights and freedoms have been violated during criminal intelligence activities, the head of the main criminal intelligence institution shall be informed thereof. The head of the main criminal intelligence institution must inform the affected individual of any violations committed in the course of criminal intelligence activities, except for the cases where the provision of such information may jeopardise ongoing criminal intelligence investigations or disclose the identity of covert participants of criminal intelligence. If timely provision of such information may jeopardise ongoing criminal intelligence investigations, the information must be provided to the person concerned immediately after the completion of the criminal intelligence investigation.

9. Persons who believe that their rights and freedoms have been violated by the criminal intelligence entities have the right to appeal to the head or the main criminal intelligence institution and, in the cases provided for in Article 22(1) of this Law, to the prosecutor. Persons who disagree with the decision of the head of the main criminal intelligence institution or the prosecutor may, within 20 business days from the receipt of the decision, file a complaint with the President of the Regional Court or a judge authorised thereby. These complaints must be examined no later than within 20 business days from the date of receipt of the complaint. The decision of the President of the Regional Court or the judge authorised thereby shall be final and shall not be subject to appeal.

SECTION TWO

RIGHTS AND OBLIGATIONS OF CRIMINAL INTELLIGENCE ENTITIES

Article 6. Rights of criminal intelligence entities

1. In accordance with the procedure laid down by the Government of the Republic of Lithuania (hereinafter: ‘the Government’) or the institutions authorised thereby, criminal intelligence entities shall have the following rights:

1) to establish and manage the criminal intelligence information system;

2) to establish legal persons facilitating criminal intelligence activities and to carry out commercial activities;

3) to produce and use a legal person’s registration marks and distinguishing marks, documents, document forms, details, and vehicle number plates for criminal intelligence purposes, given consent is received from the legal person;

4) to produce and use personal identity proofs, document forms and their details for criminal intelligence purposes.

2. Intelligence institutions that have the rights and duties of the main criminal intelligence entities shall be authorised to use the following items of legal persons for intelligence and counterintelligence purposes: custom-made registration marks and distinguishing signs, documents, document forms, document details, vehicle number plates, identity proofs, identity proof document forms, and identity proof details.

3. Where information on criminal intelligence targets is available, criminal intelligence entities shall have the right to take the following steps:

1) to use methods of collecting criminal intelligence, where in view of the nature and/or duration of the use of the said methods no sanction from a prosecutor or a court is required;

2) to use technical means under standard procedure;

3) to establish contacts with persons who have become criminal intelligence targets;

4) to use the assistance of individuals for the implementation of criminal intelligence tasks;

5) to use expert help for the implementation of criminal intelligence tasks;

6) to covertly obtain fingerprints, human voice samples, human smell samples and other samples for investigation;

7) to use the documents required under the intelligence legend for conducting covert human intelligence activity against detainees detained or arrested in the course of covert human intelligence activity;

8) to use a polygraph in accordance with the procedure laid down by the Law of the Republic of Lithuania on the Use of Polygraphs (hereinafter: ‘Law on the Use of Polygraphs’) (applicable exclusively to criminal intelligence entities having the status of a target of investigation under the Law on the Use of Polygraphs);

9) to obtain any data from the main state and institutional registers, information systems and databases free of charge and in accordance with the procedure laid down by legal acts;

10) to obtain from natural and legal persons any information necessary for criminal intelligence purposes, with the exception of information for which a reasoned court ruling is required under law;

11) to monitor public information disseminated in the mass media;

12) to use any data from the criminal intelligence information system;

13) to use substances or other marking methods of any kind posing no danger to human life and health for marking various objects in order to distinguish them from other objects of the same kind and to identify them;

14) to cooperate with foreign law enforcement institutions, international organisations, and European Union agencies in the cases provided for by international treaties and legal acts of the Republic of Lithuania, provide mutual support, and exchange criminal intelligence and other information.

4. If grounds set out in this Law for a criminal intelligence investigation appear and a sanction is obtained from a prosecutor or a court, criminal intelligence entities shall have the following rights, in addition to the rights referred to in paragraphs 1 and 3 of this Article:

1) the right to obtain data from undertakings providing electronic communications networks and/or services, from the Bank of Lithuania, financial undertakings and credit institutions, as well as from other legal persons, where a reasoned court ruling is required for obtaining the data;

2) the right to use technical means under specialised procedure for conducting covert inspections of postal items and documents they contain, covert monitoring and confiscation of postal items, and covert oversight of correspondence and other communications;

3) the right to covertly enter a person’s residence, official or other premises, enclosed areas, and vehicles, to conduct their inspection, retrieve documents, objects, samples, and other items essential for criminal intelligence, and examine and/or mark these items without formally declaring their confiscation;

4) the right to use the following methods of collecting criminal intelligence: controlled delivery, simulation of criminal acts, surveillance, and tasks of the law enforcement institutions.

5. The main criminal intelligence institutions shall establish the procedure for exercising the rights listed in paragraphs 3 and 4 of this Article.

Article 7. Obligations of criminal intelligence entities

1. In carrying out criminal intelligence activities, criminal intelligence entities must do the following:

1) ensure the protection of the rights and legitimate interests of persons;

2) protect the rights and legitimate interests of covert participants of criminal intelligence and other persons involved in criminal intelligence activities and guarantee the confidentiality of covert cooperation;

3) use criminal intelligence activities only as the last resort, where it is impossible or difficult to defend the interests of a person or the state by other means;

4) cease the use of methods and means of collecting criminal intelligence when it becomes apparent that the criminal intelligence about the criminal intelligence target has not been confirmed or the tasks of criminal intelligence cannot be fulfilled;

5) record, in accordance with the procedure laid down by the main institutions of criminal intelligence, the information obtained during criminal intelligence activities as well as the methods and means used of collecting criminal intelligence;

6) implement internal oversight of criminal intelligence activities and ensure the possibility of running their external oversight;

7) ensure the security of criminal intelligence;

8) ensure that all criminal intelligence is collected solely for the purpose of executing criminal intelligence tasks and that the obtained information is used for its intended purpose in accordance with the procedure laid down by this Law.

2. Criminal intelligence entities shall cooperate in carrying out criminal intelligence activities, support each other and exchange criminal intelligence under their remit and in accordance with their capabilities and expediency. Criminal intelligence entities shall also, in accordance with the procedure laid down by the Government, provide assistance to intelligence institutions as the latter exercise their rights specified in Article 9(1)(11) of the Law of the Republic of Lithuania on Intelligence, namely, criminal intelligence entities shall produce personal ID documents, document forms and their details and other means required for intelligence and counterintelligence purposes that do not disclose the work affiliation of the persons concerned.

3. Heads of the main criminal intelligence institutions shall establish the procedure for internal oversight of criminal intelligence entities.

SECTION THREE

CRIMINAL INTELLIGENCE INVESTIGATION

Article 8. Grounds for carrying out a criminal intelligence investigation

1. A criminal intelligence investigation shall be carried out under the following grounds:

1) actionable intelligence has been obtained regarding the involvement, planning or completion of a grave or serious crime or criminal act (whether in preparation, in progress or already committed) set out in the Criminal Code of the Republic of Lithuania under Articles 131, 145(2), 146(2), 146(3), 151¹, 153, 172, 173, 174, 175, 175¹, 178(2), 178 (3), 180(1), 181(1), 182(2), 182¹, 183(2), 184(2), 187(2), 189(1), 189(2), 189¹, 198(2), 199(1), 199(2), 199¹(1), 199¹(2), 199²(1), 199²(2), 200(1), 200(2), 207(2), 213(1), 214, 215, 225(1), 226(1), 226(2), 227(1), 227(2), 228(1), 228¹, 240, 246(2), 250¹, 250³, 250⁶, 251(1), 253(1), 253²(1), 256(1), 266(2), 266¹(1), 267²(1), 276⁴(1), 300(2), 300(3), 301(2), 302(2), 307(1), 307(2), and 309(3); or actionable intelligence has been obtained on individuals involved in, planning or having committed the said crimes or criminal acts;

2) the suspect, the accused or the convicted person absconds;

3) a person is reported missing;

4) protection of persons from criminal impact is being implemented;

5) any member or associate of an organised criminal group entered on the list of organised criminal groups becomes the subject of organised crime prevention measures.

2. Units of the Second Operational Investigation Department under the Ministry of National Defence and units of the State Security Department may also conduct criminal intelligence investigations upon receiving actionable intelligence on criminal acts or persons involved in, planning, or having committed criminal acts set out in Articles 114, 118, 119, 121, 122, 124, 125, 126, 296 and 297 of the Criminal Code of the Republic of Lithuania.

3. If elements of a criminal act become apparent in the course of conducting a criminal intelligence investigation or after its completion, a pre-trial investigation shall be initiated immediately. In exceptional cases, where the security of the covert participants of criminal intelligence and/or legitimate interests of the criminal intelligence entity may be compromised, a pre-trial investigation may be withheld. The criminal intelligence entity shall notify the prosecutor thereof. The latter, in line with the procedure established by the Prosecutor General’s Office, and in coordination with the main criminal intelligence institutions, shall make the decision regarding the continuation of the criminal intelligence investigation. This decision shall remain in effect until the identified danger is eliminated.

4. Criminal intelligence entities shall handle cases as part of conducting a criminal intelligence investigation. Categories of the cases shall be defined by the main criminal intelligence institutions, in coordination with the Prosecutor General.

Article 9. Receipt of information from providers of electronic communications networks and/or services as well as from the Bank of Lithuania, financial undertakings, credit institutions, and other legal entities

1. On a reasoned motion of heads or authorised deputy heads of criminal intelligence entities, the President of a District Court or a judge authorised thereby shall issue a court ruling pertaining to the following requests:

1) a request for obtaining information from providers of electronic communications networks and/or services on the traffic data of users of electronic communications services;

2) a request for obtaining data from the Bank of Lithuania, financial undertakings, credit institutions, and other legal persons on the economic and/or financial operations of a natural or legal person or on the use of financial and/or payment instruments by a natural or legal person;

3) a request requiring a reasoned court ruling for obtaining other information from legal persons.

2. In urgent cases and where there is a danger to human life, health, property, public safety or state security, it shall be permitted to take the measures referred to in paragraph 1 of this Article under the orders of heads of criminal intelligence entities or deputy heads authorised by them. If this should be the case, the heads or authorised deputy heads of criminal intelligence entities shall, within 24 hours, file a motion to the President of a District Court or a judge authorised thereby to confirm the lawfulness or justifiability of the measures by means of issuing a reasoned court ruling. If the time limit expires on a non-business day or a public holiday, the motion shall be submitted no later than on the next business day following the non-business day or public holiday. If the judge refuses to confirm the lawfulness or justifiability of the measures in question by means of issuing a reasoned court ruling, the information obtained shall be immediately destroyed.

3. For conspiracy purposes, a reasoned court ruling authorising the receipt of the information referred to in paragraph 1 of this Article may be passed by any District Court.

4. The motion shall specify:

1) the name, surname and position of the officer filing the motion;

2) the data and/or grounds justifying the need to obtain the information referred to in paragraph 1 of this Article and the intended result;

3) the scope of the information requested.

5. Where the judge referred to in paragraph 1 of this Article adopts a reasoned court ruling to withhold authorisation for obtaining the information referred to in paragraph 1 of this Article, the head or authorised deputy head of the criminal intelligence entity filing the motion may appeal against the court ruling to the President of the District Court. Where the President of a District Court adopts the court ruling withholding the authorisation for obtaining the information referred to in paragraph 1 of this Article, the ruling may be appealed against to the President of a Regional Court or a judge authorised thereby. The decision of the President of the Regional Court or the judge authorised thereby shall be final.

6. For obtaining the information referred to in paragraph 1 of this Article, providers of electronic communications networks and/or services, the Bank of Lithuania, financial undertakings, credit institutions or other legal persons shall be sent a notification indicating the number of the motion, the date of adoption of the court ruling, the court which has adopted the ruling, and the information that is requested; in urgent cases, where the decision is made by issuing an order of the head or authorised deputy head of the criminal intelligence entity, the notification shall indicate the number and date of the order and the name of the criminal intelligence entity that adopted the order. The official submitting the notification shall be responsible for compliance of the content of the notification with the court ruling in accordance with the procedure laid down by law. The entities referred to in this paragraph may not disclose the content of the notification to any persons in respect of whom the motion has been made. This shall also be highlighted in the notification.

7. In accordance with the procedure laid down by legal acts, no court ruling shall be required for acquiring the following data: data directly related to telephone numbers, end-user electronic communications devices; ownership data on telephone numbers, electronic mail addresses, and network terminal equipment; account numbers of natural and legal persons; ownership details of bank accounts and financial and/or payment instruments, and individuals authorised to manage the said instruments. Direct information on traffic data, economic and/or financial transactions of a person, and use of financial and/or payment instruments by users of electronic communications services may also be collected at the request or with the consent of the person in question. This information shall be provided on the basis of requests from officials of criminal intelligence entities. Where the information is requested upon a person’s request or consent, a copy of the person’s request or consent shall be submitted upon prior approval by an officer submitting the request to provide information.

8. Other information from legal persons that is relevant for surveillance purposes and requires no reasoned court ruling shall be obtained upon the request of a criminal intelligence entity.

Article 10. Use of technical means under a specialised procedure, covert inspection of postal items and the documents they contain, monitoring and confiscation of postal items, and covert surveillance of correspondence and other communications

1. The use of technical means under a specialised procedure, including the covert inspection of postal items and documents they contain, monitoring and confiscation of postal items, and covert surveillance of correspondence and other communications, may be authorised only by a reasoned court ruling issued by a President of a Regional Court or a judge authorised thereby. The ruling must be based on a reasoned motion from a public prosecutor and substantiated by actionable intelligence provided by heads or authorised deputy heads of criminal intelligence entities, confirming both the necessity and the factual basis for the use of such measures. Monitoring and recording of personal data transmitted over electronic communications networks, even if one of the parties to the communication is aware of such monitoring, shall require a reasoned court ruling. An exception shall be made for cases where the individual explicitly requests or consents to such monitoring or recording to be carried out without the use of the services and equipment provided by economic operators providing electronic communications networks and/or services.

2. In urgent cases where there is a danger to human life, health or property, public safety or national security, it shall be permitted to apply the measures specified in paragraph 1 of this Article on the basis of a prosecutor’s resolution. Should a prosecutor pass such a resolution, the prosecutor shall, within 24 hours, file a motion to the judge specified in paragraph 1 of this Article to confirm by a reasoned ruling that the measures are lawful and justified. If the time limit expires on a non-business day or a public holiday, the motion shall be filed on the next business day following the non-business day or public holiday. If the judge does not confirm by a reasoned ruling that the measures are lawful and/or justified, the application of the measures shall be terminated and any information obtained through them shall be immediately destroyed.

3. For conspiracy purposes, any Regional Court may pass a reasoned ruling on the implementation of the criminal intelligence measures referred to in paragraph 1 of this Article.

4. The motion shall specify:

1) the name, surname and position of the officer filing the motion;

2) available data on criminal intelligence targets;

3) data and/or grounds justifying the need for obtaining the information referred to in paragraph 1 of this Article and the intended result;

4) intended duration of the application of the measures referred to in paragraph 1 of this Article.

5. The use of technical means under a specialised procedure, covert inspection of postal items and documents they contain, monitoring and confiscation of postal items, as well as covert surveillance of correspondence and other communications shall be authorised for a period not exceeding three months. This period may be extended. The total period of application of these measures may not exceed 12 months. An exception applies to cases where a criminal intelligence investigation is conducted on the basis of actionable intelligence on a grave or serious crime that is being prepared, is being currently committed, or has been committed, or where there are grounds for criminal intelligence investigation provided for in points 2–4 of Article 8(1). In these cases, the use of technical means under a specialised procedure, covert inspection of postal items and documents they contain, monitoring and confiscation of postal items, and covert surveillance of correspondence and other communications for a period exceeding 12 months shall be authorised by the President of a Regional Court on the recommendation of the Prosecutor General or an authorised prosecutor of the Prosecutor General’s Office.

6. The extension of the application of measures under paragraph 5 of this Article shall be authorised in accordance with the same procedure as the initial application of the said measures. The number of extensions shall not be limited. However, in each case, the extension may not last longer than specified in paragraph 5 of this Article.

7. When a reasoned ruling authorising the use or extension of the use of technical means under a specialised procedure, covert inspection of postal items and documents they contain, monitoring and confiscation of postal items, and covert surveillance of correspondence and other communications is issued, the head or authorised deputy head of the criminal intelligence entity shall send/transfer a copy of the ruling to the Prosecutor General or the authorised prosecutor of the Prosecutor General’s Office no later than on the next business day after the receipt of the ruling.

8. Where a prosecutor refuses to file a motion for granting an authorisation for the measures referred to in paragraph 1 of this Article, the head or authorised deputy head of the criminal intelligence entity shall be entitled to apply to a higher prosecutor in charge of controlling the lawfulness of the actions of criminal intelligence entities. The refusal of the prosecutor must be substantiated in writing. The prosecutor who refuses to file a motion for granting an authorisation for the said measures shall notify thereof the Prosecutor General or the authorised prosecutor of the Prosecutor General’s Office.

9. Where a judge referred to in paragraph 1 of this Article adopts a reasoned ruling refusing to grant an authorisation for the imposition of the measures referred to in paragraph 1 of this Article, the prosecutor filing the motion may appeal against the ruling to the President of a Regional Court. Where the refusal to grant an authorisation for the measures set out in paragraph 1 of this Article is adopted by the President of a Regional Court, this refusal may be appealed against to the President of the Court of Appeal of Lithuania. The decision of the President of the Court of Appeal of Lithuania shall be final.

10. Where a court adopts a ruling and where, in urgent cases, the prosecutor adopts a resolution, the institution authorised by the Government shall notify the economic entity providing electronic communications networks and/or services about the use of technical means on its network under a specialised procedure. The notification shall include the serial number of the motion, the date of adoption of the ruling and the court that adopted the ruling, or the date of the prosecutor’s resolution, the prosecutor who adopted the resolution, and the duration of the measures. In accordance with the procedure laid down by law, the official submitting the notification shall be responsible for compliance of the notification with the court ruling. An undertaking providing electronic communications networks and/or services must facilitate the monitoring of data transmitted over electronic communications networks.

11. The technical commands for the initiation and termination of interception or other forms of surveillance of data transmitted by electronic communications networks shall be stored in such a way that neither the criminal intelligence entity that issued the command nor the economic entity providing electronic communications networks and/or services can modify the data of the commands sent and/or received. An institution authorised by the Government must provide the Prosecutor General or the authorised prosecutor of the Prosecutor General’s Office with access to the data medium on which these commands are recorded.

12. During the period authorised by the court, the head or authorised deputy head of a criminal intelligence entity shall issue an order to begin covert monitoring of telephone communications, network terminal equipment, accounts, or financial and/or payment instruments. The head or authorised deputy head of the criminal intelligence entity shall send/transfer one copy of the order to the prosecutor who filed the motion to the court for the adoption of the measure. If the motion has been filed to the court by the prosecutor of the Regional Prosecutor’s Office, the copy shall also be sent/transferred to the authorised prosecutor of the Prosecutor General’s Office. The order shall be sent/transferred no later than within 24 hours from the moment of beginning of the covert monitoring and recording of telephone communications, network terminal equipment, accounts, financial and/or payment instruments based on the order of the head or authorised deputy head of the criminal intelligence. If the deadline expires on a non-business day or a public holiday, the order shall be sent/transferred no later than on the next business day after the non-business day or public holiday.

13. The Government shall establish the procedure for covert inspection of postal items and documents they contain, as well as the monitoring and confiscation of postal items. Upon coordination with the Bank of Lithuania, the Government shall establish the procedure for overseeing and documenting the use of economic and financial operations as well as financial and/or payment instruments of natural or legal persons.

Article 11. Covert access to residences, offices and other premises, enclosed areas, and vehicles

1. Based on a reasoned motion drawn up on the basis of data provided by heads of criminal intelligence entities or deputies authorised by them confirming the necessity and factual basis for the implementation of such measures, the President of a Regional Court or an authorised judge shall be responsible for authorising by reasoned ruling and for the implementation of following measures: covert access to and inspection of residences, offices, other premises, enclosed areas, and vehicles; retrieval, inspection and/or marking of documents, objects, sample materials and other items needed for criminal intelligence activities without formally informing about their confiscation.

3. For the purposes of conspiracy, a reasoned ruling concerning the measures referred to in paragraph 1 of this Article may be made in any Regional Court.

4. The motion shall specify:

1) name, surname and position of the officer filing the motion;

2) description of the person’s residence, office, other premises, enclosed areas, vehicles, documents, objects, samples and other items which will be subject to covert examination;

3) data and/or grounds justifying the need for obtaining the information referred to in paragraph 1 of this Article and the intended result;

4) intended duration of the application of the measures referred to in paragraph 1 of this Article.

5. Covert access to and inspection of a person’s residence, office and other premises, enclosed areas, and vehicles as well as the taking of samples of documents, objects, materials, and other objects necessary for criminal intelligence in order to investigate or inspect and/or mark them, without announcing their confiscation, shall be authorised for a period not exceeding three months. This period may be extended.

6. The extension of the application of measures under paragraph 5 of this Article shall be authorised in accordance with the same procedure as the initial application of the said measures. The number of extensions shall not be limited. However, in each case the extension may not exceed the period laid down in paragraph 5 of this Article.

7. Upon the adoption of a reasoned ruling for application or extension of application of measures including covert access to and inspection of residences, offices, other premises, enclosed areas, and vehicles; retrieval, inspection and/or marking of documents, objects, sample materials and other items needed for criminal intelligence activities without formally informing about their confiscation, the head or authorised deputy head of a criminal intelligence entity shall send/transfer a copy of the ruling to the Prosecutor General or the authorised prosecutor of the Prosecutor General’s Office no later than on the next business day after the receipt of the ruling.

8. Where a prosecutor refuses to file a motion for the authorisation of the measures referred to in paragraph 1 of this Article, the head or authorised deputy head of the criminal intelligence entity shall have the right to apply to the higher prosecutor controlling the lawfulness of the actions of the criminal intelligence entities. The refusal by the prosecutor must be substantiated in writing. The prosecutor who refuses to file a motion for granting an authorisation for the said measures shall notify thereof the Prosecutor General or the authorised prosecutor of the Prosecutor General’s Office.

9. Where a judge referred to in paragraph 1 of this Article adopts a reasoned ruling refusing to grant an authorisation for the imposition of the measures referred to in paragraph 1 of this Article, the prosecutor filing the motion may appeal against the ruling to the President of a Regional Court. Where a ruling to refuse to authorise the application of measures referred to in paragraph 1 of this Article is adopted by the President of a Regional Court, this decision may be appealed against to the President of the Court of Appeal of Lithuania The decision of the President of the Court of Appeal of Lithuania shall be final.

Article 12. Task of law enforcement institutions

1. The task of a law enforcement institution shall be authorised by the President of a Regional Court or an authorised judge by issuing a reasoned ruling. The reasoned ruling shall be adopted on the basis of a reasoned motion of the prosecutor drawn up based on the data provided by heads of criminal intelligence entities or their authorised deputies. The reasoned motion shall confirm the necessity and the factual basis for applying such measures, namely the need for the collection of criminal intelligence on criminal intelligence targets through infiltration of a covert participant of criminal intelligence into the activities and criminal acts of a criminal association or a criminal organised group with the purpose of detecting and prosecuting persons involved in the organisation and commission of criminal acts.

2. In urgent cases where there is a danger to human life, health or property, public safety or state security, it shall be permitted to apply the measures specified in paragraph 1 of this Article on the basis of a prosecutor’s resolution. Should a prosecutor pass such a resolution, the prosecutor shall, within 24 hours, file a motion to the judge specified in paragraph 1 of this Article to confirm by a reasoned ruling that the measures are lawful and justified. If the time limit expires on a non-business day or a public holiday, the motion shall be filed on the next business day following the non-business day or public holiday. If the judge does not confirm by a reasoned ruling that the measures are lawful and/or justified, the application of the measures shall be terminated and any information obtained through them shall be immediately destroyed.

3. For conspiracy purposes, a reasoned ruling concerning the performance of the task of a law enforcement institution may be issued by any Regional Court.

4. The motion shall specify:

1) name, surname and position of the officer filing the motion;

2) data and/or grounds justifying the necessity to implement the task of a law enforcement institution and the intended result;

3) data on the covert participant of criminal intelligence who will perform the task of a law enforcement institution;

4) the authorised range and constraints of measures applicable to offenders concerning the criminal acts outlined in the Criminal Code of the Republic of Lithuania and/or elements of other criminal acts;

5) information regarding an organised group or criminal association wherein the covert participant of criminal intelligence will implement the measures;

6) duration of implementation of the task of the law enforcement institution.

5. The implementation of the task of a law enforcement institution shall be authorised for a period not exceeding six months. This period may be extended.

7. Upon the adoption of a reasoned court ruling on the authorised imposition or extension of the task of a law enforcement institution, the head or authorised deputy head of the criminal intelligence entity shall send/transfer a copy of the ruling to the Prosecutor General or to the authorised prosecutor of the Prosecutor General’s Office no later than on the next business day after the receipt of the ruling.

8. Where a prosecutor refuses to file a motion for the authorisation of a task of a law enforcement institution, the head or authorised deputy head of a criminal intelligence entity shall be entitled to apply to a higher prosecutor in charge of vetting the actions of criminal intelligence entities. The refusal of the prosecutor must be substantiated in writing. The prosecutor who refuses to file a motion for granting an authorisation for the said measures shall notify thereof the Prosecutor General or the authorised prosecutor of the Prosecutor General’s Office.

9. Where a judge referred to in paragraph 1 of this Article adopts a reasoned ruling refusing to grant an authorisation for the imposition of the measures referred to in paragraph 1 of this Article, the prosecutor filing the motion may appeal against the ruling to the President of a Regional Court. Where a ruling to refuse to authorise the application of measures referred to in paragraph 1 of this Article is adopted by the President of a Regional Court, this decision may be appealed against to the President of the Court of Appeal of Lithuania The decision of the President of the Court of Appeal of Lithuania shall be final.

10. When a covert participant of criminal intelligence is not involved in the commission of criminal acts and/or other criminal acts, the task of a law enforcement institution may be performed without an authorisation from a prosecutor or a judge.

11. Implementing a task of a law enforcement institution shall be prohibited where this poses an immediate threat to human life and/or health or may produce other serious consequences.

12. Before commencing the implementation of the task of a law enforcement institution, the covert participant of criminal intelligence shall be familiarised against signature with the limits and constraints of the task of the law enforcement institution.

13. The procedure for carrying out the task of a law enforcement institution shall be established by the main criminal intelligence institutions in coordination with the Prosecutor General.

Article 13. Simulation of a criminal act

1. The acts simulating a criminal act shall be authorised by the prosecutor on the basis of a reasoned motion filed by the head or authorised deputy head of a criminal intelligence entity.

2. The motion shall specify:

1) name, surname and position of the officer filing the motion;

2) data and/or grounds justifying the necessity to simulate a criminal act and the intended result;

3) data (if available) on persons in respect of whom the simulation of a criminal act shall be implemented;

4) authorised range and constraints of the measures of simulation of a criminal act in the context of criminal acts and/or elements of other criminal acts outlined in the Criminal Code of the Republic of Lithuania;

5) data on persons who will simulate a criminal act;

6) duration of simulation of a criminal act.

3. Acts simulating a criminal act shall be authorised for a period not exceeding six months. This period may be extended.

4. The extension of the simulation of a criminal act provided for in paragraph 3 of this Article shall be authorised in accordance with the same procedure as the imposition of the simulation of a criminal act. The number of extensions shall not be limited. However, in each case, the extension may not last longer than specified in paragraph 3 of this Article.

5. After the authorisation for simulation of a criminal act is granted or extended, the head or authorised deputy head of the criminal intelligence entity shall send/transfer a copy of the motion to the Prosecutor General or the authorised prosecutor of the Prosecutor General’s Office no later than on the next business day after the authorisation/extension is granted.

6. Where a prosecutor refuses to authorise the measures specified in paragraph 1 of this Article, the head or authorised deputy head of a criminal intelligence entity shall have the right to apply for authorisation to the higher prosecutor in charge of vetting the actions of criminal intelligence entities. The refusal of the prosecutor must be substantiated in writing. The prosecutor who has taken the decision to refuse granting an authorisation to the application of specified measures shall notify thereof the Prosecutor General or the authorised prosecutor of the Prosecutor General’s Office.

7. It shall be prohibited to simulate a criminal act where this poses an immediate threat to human life or health or may cause other serious consequences. Before commencing any simulation of a criminal act, the person in question shall be familiarised against signature with the constraints and limits of simulation of a criminal act in accordance with the procedure laid down by the main criminal intelligence institutions.

Article 14. Controlled delivery

1. Controlled deliveries shall be authorised by a prosecutor on the basis of a reasoned motion by the head or authorised deputy head of a criminal intelligence entity.

2. The motion shall specify:

1) name, surname and position of the officer filing the motion;

2) data and/or reasons justifying the necessity for controlled delivery and the intended result;

3) available information on the natural or legal person(s) involved in transporting the controlled item;

4) country of origin and country of destination of the controlled item;

5) expected duration of the controlled delivery;

6) intended result as well as intermediate and final objectives of controlled delivery.

3. After the authorisation for a controlled delivery is granted, the head or authorised deputy head of a criminal intelligence entity shall send a copy of the motion to the Prosecutor General or the authorised prosecutor of the Prosecutor General’s Office no later than on the next business day after the authorisation has been granted.

4. Where a prosecutor refuses to authorise the measures specified in paragraph 1 of this Article, the head or authorised deputy head of the criminal intelligence entity shall be entitled to apply for authorisation to the higher prosecutor vetting the actions of criminal intelligence entities. The refusal of the prosecutor must be substantiated in writing. The prosecutor who has taken the decision to refuse granting an authorisation to the application of specified measures shall notify thereof the Prosecutor General or the authorised prosecutor of the Prosecutor General’s Office.

5. The use of controlled delivery shall be prohibited if this poses an immediate threat to human life and/or health or may produce other serious consequences.

6. Controlled deliveries can only be carried out on the basis of international treaties or agreements.

Article 15. Surveillance

1. Surveillance of up to three days may be carried out under the authorisation of the head or authorised deputy head of a criminal intelligence entity in accordance with the procedure laid down by the main criminal intelligence institutions. If the duration of surveillance exceeds three days but does not exceed three months, surveillance may be continued only under prosecutor’s authorisation.

2. Surveillance shall be authorised by a prosecutor on the basis of a reasoned motion from the head or authorised deputy head of a criminal intelligence entity.

3. The motion shall specify:

1) name, surname and position of the officer filing the motion;

2) data and/or reasons justifying the necessity and the intended result of surveillance;

3) information on the surveillance target;

4) expected duration of surveillance.

4. Surveillance shall be authorised for a period not exceeding three months. This period may be extended.

5. The extension of the measure provided for in paragraph 4 of this Article shall be authorised by the judge and may be extended in each case for a period not exceeding the period specified in paragraph 4 of this Article. This period may be extended for a maximum of 12 months.

6. After authorisation is granted for surveillance or its extension, the head or authorised deputy head of a criminal intelligence entity shall send/transfer a copy of the motion to the Prosecutor General or an authorised prosecutor of the Prosecutor General’s Office no later than on the next business day after the authorisation has been granted.

7. If the prosecutor refuses to authorise surveillance, the head or authorised deputy head of the criminal intelligence entity shall be entitled to apply for authorisation to the higher prosecutor vetting the actions of criminal intelligence entities. The refusal of the prosecutor must be substantiated in writing. The prosecutor who has taken the decision to refuse granting an authorisation for surveillance shall notify thereof the Prosecutor General or the authorised prosecutor of the Prosecutor General’s Office.

8. If technical devices are used for surveillance under a specialised procedure, this shall be authorised in accordance with the procedure laid down in Article 10 of this Law.

SECTION FOUR

PARTICIPATION OF PERSONS IN CRIMINAL INTELLIGENCE

Article 16. Assistance of individuals in criminal intelligence

1. Criminal intelligence shall be based on voluntary, public and covert assistance from individuals.

2. Payment can be granted for active and effective assistance. The main institutions of criminal intelligence shall establish the payment procedure for such assistance.

Article 17. Covert participants of criminal intelligence

1. Covert participants of criminal intelligence shall consist of employees of criminal intelligence entities whose official affiliation to the criminal intelligence entity is classified and encrypted, and adults covertly cooperating with criminal intelligence entities, with whom either criminal intelligence entities have concluded written agreements on secret cooperation or the employees of the criminal intelligence entity have concluded oral collusion agreements. Criminal intelligence entities and their employees may not conclude oral agreements or written agreements with persons who are obliged to keep a seal of confession. The relevant main criminal intelligence institutions shall set out the procedure and conditions for the conclusion of oral collusion agreements, as well as the procedure, conditions and model forms for the conclusion of written covert cooperation agreements.

2. When performing the tasks of criminal intelligence entities, employees of criminal intelligence entities whose official affiliation to a criminal intelligence entity is classified and encrypted may, in accordance with the legend, work for remuneration in other legal entities or receive other monetary funds related to the performance of their classified activities. Work restrictions on civil service and other laws or statutes of the Republic of Lithuania regarding employment in other legal entities and the receipt of wages shall not be applicable to them.

3. Covert participants of criminal intelligence shall be protected by the State. The data that may disclose the personal identity of a covert participant of criminal intelligence constitute a state secret. In the event of a threat to the life, health and property of covert participants of criminal intelligence or their family members, criminal intelligence entities shall, in accordance with the laws and other legal acts, take the necessary measures to ensure the protection of these persons.

4. Complaints concerning written covert cooperation agreements concluded by criminal intelligence entities or oral collusion agreements with persons shall be examined by the relevant main criminal intelligence institutions. Each complaint must be examined within 30 days of its receipt.

Article 18. Preparation of procedural documents required under intelligence legend for conducting covert human intelligence activity against detainees

1. Procedural documents essential for substantiating the intelligence legend and requiring a court sanction, where they are necessary for the application of covert human intelligence activities to detainees, shall be sanctioned by the Presidents of District Courts or their authorised deputies on the basis of reasoned motions from heads or authorised deputy heads of criminal intelligence entities, coordinated with the prosecutor.

2. The main criminal intelligence institutions shall set out the form of the motion referred to in paragraph 1 of this Article.

CHAPTER FIVE

USE OF CRIMINAL INTELLIGENCE

Article 19. Use of criminal intelligence

1. Criminal intelligence may be used in the following cases:

1) implementation of criminal intelligence tasks;

2) cooperation between criminal intelligence entities;

3) provision of information about a person in accordance with the procedure laid down by the Law of the Republic of Lithuania on Prevention of Corruption;

4) exchange of criminal intelligence with foreign law enforcement institutions, international organisations, and agencies of the European Union in the cases provided for by international treaties and other legal acts of the Republic of Lithuania;

5) in the cases provided for in paragraphs 3 and 4 of this Article and in other cases provided for by laws.

2. When criminal intelligence is used in criminal proceedings, the procedure for its use shall be established by the Prosecutor General. When criminal intelligence is used in criminal proceedings, it is imperative to safeguard the legitimate interests of criminal intelligence entities. This shall be done by ensuring the security of covert participants of criminal intelligence, refraining from disclosing any information pertaining to the technical means utilised, and/or refraining from disclosing any detailed data concerning the use of means and measures for collecting criminal intelligence.

3. Criminal intelligence about a criminal act containing elements of a criminal act or corruption may, with the consent of the prosecutor, be declassified under the decision of the head or authorised deputy head of the main criminal intelligence institution and used for the investigation of disciplinary and/or official misconduct. Criminal intelligence on a criminal act containing elements of organised crime, corruption or self-serving criminal act may, with the consent of the prosecutor, be declassified under the decision of the head or authorised deputy head of the main criminal intelligence institution and used for the investigation of sources of property in accordance with the Law of the Republic of Lithuania on Confiscation of Civil Property.

4. Criminal intelligence shall be made accessible upon a reasoned written request to the President of the Republic of Lithuania, the Speaker of the Seimas, and the Prime Minister, as well as to relevant state institutions or persons in charge of overseeing criminal intelligence activities. This access is granted when generalised information derived from criminal intelligence is insufficient for them to fulfil their duties as mandated by legal provisions or to make informed decisions.

5. Under the procedure set out by the Law of the Republic of Lithuania on State and Official Secrets, only generalised information derived from criminal intelligence may be disclosed to other state institutions and persons not engaged in criminal intelligence activities.

6. The Government shall establish the procedure for providing the criminal intelligence set out in paragraphs 4 and 5 of this Article.

7. Detailed information concerning the means, measures, tactics and methods of collecting criminal intelligence, information on covert participants of criminal intelligence, their number and roles shall not be disclosed.

SECTION SIX

FINANCING OF CRIMINAL INTELLIGENCE

Article 20. Financing of criminal intelligence

1. Criminal intelligence activities shall be financed from the state budget under allocations for programmes of state institutions. The main institutions of criminal intelligence entities shall set out the foundations and procedure for the expenditure of funds allocated to criminal intelligence activities. Criminal intelligence activities may also be financed from other sources in accordance with the procedure laid down by the Government or the institutions authorised thereby.

2. The proceeds of criminal intelligence activities shall be accounted for as income of budgetary institutions and may be used for financing criminal intelligence activities in accordance with the procedure laid down by the Government or an institution authorised thereby.

3. The National Audit Office of Lithuania shall be in charge of carrying out the state audit concerning the utilisation of funds by criminal intelligence entities. Within all the main criminal intelligence institutions that comprise criminal intelligence entities and that are subordinate to central institutions and/or fall within their jurisdiction, the internal audits concerning the utilisation of funds by criminal intelligence entities shall be carried out by authorised staff of the centralised internal audit service of central institutions, by the staff of internal audit services of these entities, or by other designated staff.

4. The National Audit Office of Lithuania shall inform the structural unit of the Seimas specified in Article 24(1) about the results of the state audits concerning the utilisation of funds by criminal intelligence entities.

SECTION SEVEN

COORDINATION AND OVERSIGHT OF CRIMINAL INTELLIGENCE ACTIVITIES

Article 21. Internal oversight

1. The internal oversight of criminal intelligence activities is organised by the heads of the main criminal intelligence institutions.

2. Covert participants of criminal intelligence and information about them, criminal intelligence investigation cases and tactics, methods and means of collecting criminal intelligence shall be subject to internal oversight by criminal intelligence entities, except for the cases provided for in Article 22(2).

3. The Minister of Finance, the Minister of Justice and the Minister of the Interior shall, within their competence, coordinate and oversee the activities of the main criminal intelligence institutions subordinate to them.

Article 22. Coordination and oversight to ensure the lawfulness of criminal intelligence activities

1. Prosecutors shall be in charge of coordination and oversight to ensure the lawfulness of the activities of criminal intelligence entities by drawing up reasoned motions under Articles 10–12, by sanctioning or refusing to grant authorisation for the measures set out in Articles 13–15, by obtaining information on the progress and results of the measures set out in Articles 10–15, and by examining complaints concerning the alleged violations of human rights and freedoms in the application of the measures under Articles 10–15. The Prosecutor General shall establish the procedure for coordination and oversight to ensure the lawfulness of the actions set out in Articles 10–15.

2. During the investigation of complaints from individuals and where there are alleged potentially unlawful actions by criminal intelligence entities, the prosecutor has the authority to demand that the entity furnish all pertinent information related to the complaint under scrutiny, with the exception of any data that could disclose the personal identities of covert participants of criminal intelligence, which must be excluded from disclosure. The requested data may be provided to the Prosecutor General or the prosecutor authorised thereby at their reasoned request, provided the decision on this is passed by the head or authorised deputy head of the main criminal intelligence institution.

Article 23. Government oversight

1. The Government shall exercise oversight over criminal intelligence activities within the remit established by the Constitution and laws of the Republic of Lithuania.

2. The Government shall coordinate the activities of criminal intelligence entities and their main institutions in order to ensure their cooperation and to focus their efforts on effectively solving relevant crime and state security issues within their remit.

Article 24. Parliamentary oversight

1. Parliamentary oversight of criminal intelligence activities shall be exercised by the structural unit of the Seimas specified in the Statute of the Seimas.

2. The tasks of the structural unit of the Seimas shall be as follows:

1) scrutinise the protection of constitutional rights and freedoms in the course of criminal intelligence activities;

2) supervise the compliance of activities of criminal intelligence entities with the Constitution and laws of the Republic of Lithuania and monitor the effectiveness and rationale for the use of financial resources of criminal intelligence entities;

3) draw up proposals to the Seimas, the Government and other institutions regarding the adoption and improvement of legal acts regulating criminal intelligence activities;

4) consider the status of legal acts regulating criminal intelligence activities and oversee their compliance with the statutory requirements;

5) conduct thorough examinations to identify potential breaches of this Law and any prescribed boundaries for criminal intelligence agencies regarding their operations. Additionally, oversee the integrity and relevance of criminal intelligence activities.

3. The structural unit of the Seimas shall have the right to engage in the following activities:

1) hear information and reports from criminal intelligence entities, their main institutions, prosecutors, ministries and other state institutions regarding the implementation of this Law;

2) engage professional experts authorised to work with information constituting a state secret;

3) request and receive from the Presidents of the Prosecutor General’s Office and/or courts, state and municipal institutions, organisations, criminal intelligence entities, and economic entities providing electronic communications networks and/or services any documents, explanations and other information necessary for oversight purposes, with the exception of data disclosing the identity of covert participants of criminal intelligence and detailed information on their number and roles, criminal intelligence investigation cases, and tactics of carrying out criminal intelligence activities;

4) invite officers and other persons to attend the meetings of the Seimas structural unit, hear them and request officials to provide oral or written explanations regarding any non-compliance or breach of this Law and other legal acts.

4. The duties of the Members of the Seimas of the structural unit of the Seimas and the staff engaged shall be as follows:

1) to keep confidential the data or information of which they become aware in the course of their investigation, where such data or information constitute a state, official, commercial or other secret protected by law;

2) to avoid conflicts of interest and refrain from leveraging data or information acquired during the performance of these duties for personal gain or the advantage of third parties;

3) until the investigation has been completed by the structural unit of the Seimas, exercise discretion by abstaining from disclosing details regarding the ongoing inquiry and any pertinent information until its completion.

5. A structural unit of the Seimas may take the following decisions:

1) draw the attention of officials and other civil servants to non-compliance with laws and other breaches and request rectification of the identified shortcomings;

2) transfer the investigation details to law enforcement institutions, urging an official examination and resolution of liability, and advocate for the imposition of formal sanctions on officers found to have acted improperly or for suspending their duties pending investigation outcomes.

SECTION EIGHT

FINAL PROVISIONS

Article 25. Entry into force and implementation of the law

1. This Law, with the exception of paragraph 2 of this Article, shall enter into force on 1 January 2013.

2. The Government of the Republic of Lithuania or an institution authorised thereby, the main institutions of criminal intelligence and the Prosecutor General shall, by 31 December 2012, approve legal acts implementing this Law.

Article 26. Repealed legal acts

Upon the entry into force of this Law, the following legal acts shall be repealed:

1) Law of the Republic of Lithuania on Operational Activities (Official Gazette 2002, No 65-2633);

2) Law amending and supplementing Articles 3, 7, 10 and 23 of the Law of the Republic of Lithuania on Operational Activities and repealing Article 24 (Official Gazette 2002, No 123-5515);

3) Law amending Articles 3, 5, 9, 11, 17 and 19 and repealing Article 25 of the Law of the Republic of Lithuania on Operational Activities (Official Gazette 2003, No 47-2063);

4) Law Amending Article 23 of the Law of the Republic of Lithuania on Operational Activities (Official Gazette 2003, No 54-2369, 2003);

5) Law Amending Articles 10 and 11 of the Law of the Republic of Lithuania on Operational Activities (Official Gazette 2009, No 141-6202);

6) Law Amending Article 15 of the Law of the Republic of Lithuania on Operational Activities (Official Gazette 2010, No 86-4515, 2010);

7) Law amending Articles 3 and 17 and the title of Section Five of the Law of the Republic of Lithuania on Operational Activities (Official Gazette 2010, No 86-4521);

8) Law Supplementing and Amending Article 17 of the Law of the Republic of Lithuania on Operational Activities (Official Gazette 2011, No 57-2704);

9) Law Amending and Supplementing Articles 3, 7, 9, 10, 11, 12, 13, 21 and 23 of the Law of the Republic of Lithuania on Operational Activities (Official Gazette 2011, No 65-3047);

10) Law Amending Article 9 of the Law of the Republic of Lithuania on Operational Activities (Official Gazette 2012, No 42-2043).

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

PRESIDENT OF THE REPUBLIC DALIA GRYBAUSKAITĖ