Fiches Belges: Lituania

Is this measure possible in your Member State under International Judicial Cooperation?

Yes. Taking samples for comparative analysis – procedural coercive measure during which a pre-trial investigation officer or a prosecutor takes individual samples of identity, necessary to conduct a comparative analysis. Essence of this procedural act is that a pre-trial investigation officer or a prosecutor takes data of certain individual samples, which are later examined by an expert in order to establish important circumstances for investigation of a criminal act. Photographing, filming, measuring, taking hand prints and samples for genetic dactilography are procedural coercive means which are imposed upon a suspect, charged person or other person in order to acquire data important for investigation of a criminal act, accumulation of information.

International legal framework applicable for this measure in your Member State

CoE 1959 Convention on MLA and its additional Protocols, EU 2000 Convetion on MLA.

* receive the request/decision for judicial cooperation

Prosecutor General's Office and Regional Prosecutor's Offices, if MLA is provided following the EU 2000 Convention, the Ministry of Justice - if CoE 1959 Convention on MLA is applicable.

* execute/recognise the measure (if other than the receiving authority)

Pre-trial iventigation officer or prosecutor. If a person refuses to provide comparative samples, the prosecutor may adopt a decision, which is of mandatory nature.

Accepted languages for the request/decision

Lithuanian or English under the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union. Under the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 requests and annexed documents shall be addressed to in Lithuanian or accompanied by a translation into one of the official languages of the Council of Europe (i.e. English or French).

Deadlines for the execution of the request/decision (where applicable)

N/A

a. Special requirements

Officers executing investigations of foreign States may participate during personal search, if a prior permission of the Prosecutor General’s Office (or Regional Prosecution Offices in case of EU Convention 2000) to participate during pre-trial investigation acts, is obtained.

b. Other useful information

Minutes shall be drafted when taking the comparative samples. Such samples from victims or witnesses may be taken only upon the need to establishe whether or not they have left some traces in the place of crime or on the objects.