Fiches Belges: Lituanie

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

Yes. Examination is a pre-trial investigation action when a pre-trial investigation judge or court commissions an expert to conduct a special examination, when knowledge of science, technologies, art, etc. are necessary for investigation. An expert shall conduct such examination and present the results in an examination act. Special examination – laboratory examination of objects using special technological means and methods.

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 investigation judge, judge.

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 to participate during pre-trial investigation acts, is obtained

b. Other useful information

Upon establishing that it is necessary to order expert examination, the prosecutor shall duly inform in writing the suspect, his counsel, and other parties to the proceedings interested in the findings of expert examination and shall indicate the period during which the aforesaid persons may make motions on questions to the expert, appointment of a specific expert and submit additional material for expert examination. Thereafter the prosecutor shall file an application to the pre-trial judge. Motions of the parties to the proceeding or a notice that no motions have been received shall be attached to the application.