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

Observation (105)

1. MEASURE IMPLEMENTATION

Lituanie

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

Yes. Observation is a method of collecting criminal intelligence, where information is obtained isolating, identifying and (or) monitoring object. Use of technical means in accordance with the special procedure – an authorized by a reasoned court ruling usage in operational activities of technical equipment to control or record economic, financial operations, the use of financial and/or payment instruments of natural or legal persons, personal conversations and other exchanges or actions, when neither party of the conversation, other communications or actions, is aware of such control and when it is being implemented in accordance with the procedure established by laws, restricting the inviolability of the private life of an individual.

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)

The observation for the period of 3 days is authorised by the head of the Intelligence Unit or his/her authorised deputy following the order established by main criminal intelligence institutions. For longer observation prosecutor's sanction is needed. Prosecutor's sanction in granted based on the reasoned submission of the head of the Intelligence Unit or his/her authorised deputy and cannot be longer than 3 months. For further observation the sanction of the judge is needed, who can authorise the observation for a maximum period of 12 months. If technical means are used in accordance with the special procedure, then authorisation of Regional Courts Chairman or his/her authorised judge is needed, which is drafted 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 submission before a judge (before a Regional Courts Chairman or his/her authorised 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.

4. ACCEPTED LANGUAGES

Lituanie

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).

5. EXECUTION DEADLINE

Lituanie

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

See answer No. 3

6. CONCISE LEGAL PRACTICAL INFORMATION

Lituanie

a. Special requirements

See answer No. 3

b. Other useful information

The Prosecutor General’s Office of the Republic of Lithuania may give permission for participation in the execution of the measure.

Last reviewed on 6 juillet 2016 by Secrétariat du RJE

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