Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Lituanie

Interception de courrier (104)

1. MEASURE IMPLEMENTATION

Lituanie

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

Yes. Under the Law on Criminal Intelligence of the Republic of Lithuania, application of covert monitoring of postal parcels, document parcels, correspondence or other communication is possible only before the beginning of pre-trial investigation. Seizure is a procedural coercive measure applied seeking to take things or documents that are significant to investigation of the offence, when it is exactly known where they are and in whose possession. The power of searching the contents of seized postal parcels is given to prosecutor, judge and the court. The seizure may be carried only in the course of pre-trial investigation.

2. LEGAL FRAMEWORK

Lituanie

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.

3. COMPETENT AUTHORITY TO:

Lituanie

* 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)

Application of covert monitoring of postal parcels, document parcels, correspondence or other communication is authorised by the Ruling of Regional Courts Chairman or his/her designated judge according to reasoned prosecutor's motion drafted based on the data provided by the intelligence unit heads or his/her authorised deputies. In urgent cases, when human life, health, property or national security are endangered, it is possible to execute the measure under prosecutor's resolution. In this case, a prosecutor having adopted such a resolution within 24 hours files a sumbission before a judge (before a Regional Courts Chairman or his/her designated judge) for the approval of the lawfulness or reasonableness of the acts by a reason Ruling. If the judge fails to approve , the actions shall be terminated and the information gathered before that must be destroyed. Seizure of post parcels must be authorized by the Ruling of pre-trial judge.

4. ACCEPTED LANGUAGES

Lituanie

Accepted languages for the request/decision

Lithunian 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).

5. EXECUTION DEADLINE

Lituanie

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

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Lituanie

a. Special requirements

N/A

b. Other useful information

N/A

Last reviewed on 6 juillet 2016 by Secrétariat du RJE

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