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

Infiltration par les agents de l’Etat requis (201)

1. MEASURE IMPLEMENTATION

Lituanie

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

Yes. BEFORE initiating the criminal case: The staff personnel of the entities of operational activities, whose affiliation with an entity of operational activities shall be classified and coded, and adult persons who covertly co-operate with entities of operational activities, with whom the employees of the entities of operational activities have formed an agreement (verbally or in writing) with respect to clandestine co-operation, shall be the covert participants in operational activities. They can carry out the operational actions and imitate the model of the criminal action. The imitation of the criminal act model is the approved actions, formally having the features of the criminal act or other law violations, and which are carried out in order to safeguard state protected person’s rights and freedoms, property, and society and state safety against the criminal attempt. AFTER initiating the criminal case: Article 158 of the Criminal Code of the Republic of Lithuania provides a possibility to the officers of the pre-trial investigation, as the procedural measures of constraint, to conduct the investigation not revealing their identities. This procedural measure of constraint may be applied only when the pre-trial investigation is commenced and the pre-trial judge’s sanction is obtained, which is based on a prosecutor’s reasoned motion. It is also needed to have enough data that a person, who is under the investigation, has committed a criminal offence. The officers are granted the right to carry out the actions, which imitate the criminal act.

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

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

BEFORE initiating the criminal case: The imitation of the criminal act model is approved by the prosecutor according to the reasoned motion of the chief of an operational entity or his/her designated deputy chief. AFTER initiating of the criminal case: The pre-trial judge, but only in cases when there is enough data on the criminal act committed by the person, concerning whom the pre-trial investigation is conducted.

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)

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Lituanie

a. Special requirements

Following the completion of the operational investigation and if the operational information with respect to the target of operational activities did not prove to be true, the collection of information about the criminal intelligence object must be terminated immediately and the information collected must be destroyed. The officer who authorised these activities must be informed of this one month prior to the destruction of the information collected through authorised activities. Following the completion of the operational investigation the criminal intelligence information collected was not used as prescribed in Art. 19 of the Criminal Intelligence Law, the information collected by means of operational investigation about person's private life must be destroyed within 3 months.

b. Other useful information

It is forbidden by the national law to provoke a person to commit a crime.

Last reviewed on 6 juillet 2016 by Secrétariat du RJE

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