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

Saisie (501)

1. MEASURE IMPLEMENTATION

Lituanie

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

Yes. For the purposes of securing a civil claim or a probable confiscation of property, temporary limitation of the ownership rights may be imposed, upon the resolution of the prosecutor, on a suspect or a natural person who, in accordance with the provisions of legal acts, is held financially responsible for the actions of the suspect, or on any other natural persons who possess the property received or acquired as a result of a criminal offence.

2. LEGAL FRAMEWORK

Lituanie

International legal framework applicable for this measure in your Member State

"CoE 1959 Convention on MLA and it additional Protocols, EU 2000 Convetion on MLA. 2003/577/JHA: Freezing Orders of 22 July 2003 "

3. COMPETENT AUTHORITY TO:

Lituanie

* receive the request/decision for judicial cooperation

MLA - Prosecutor General's Office and Regional Prosecution Office s (in case of EU Convention 2000). In case of FD 2003/577/JHA - only Prosecutor General's Office

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

Prosecutor and pre-trial investigation judge.

4. ACCEPTED LANGUAGES

Lituanie

Accepted languages for the request/decision

MLAs and annexed documents shall be sent in Lithuanian or accompanied by a translation into one of the official languages of the Council of Europe. Freezing Orders - in Lithuanian and English.

5. EXECUTION DEADLINE

Lituanie

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

Temporary limitation of the ownership rights, imposed further to the prosecutor’s resolution, may not last longer than for a period of six months. This term may be extended by the ruling of pre-trial investigation judge but for no more than two periods of three months. Where the case has been brought before the court, the imposition of temporary limitation of the ownership rights or the extension of the time period of this penal measure shall be decided (in the form of a court ruling) by the court having jurisdiction over the case. In cases involving grave or extremely grave crimes or where the suspect has gone into hiding, the number of extensions of the time periods of this penal measure shall be unlimited.Temporary limitation of the ownership rights shall be cancelled further to the resolution of a prosecutor or a court ruling, where this measure has become unnecessary.

6. CONCISE LEGAL PRACTICAL INFORMATION

Lituanie

a. Special requirements

N/A

b. Other useful information

Property with respect to which a temporary limitation of property rights is being imposed shall, at the prosecutor’s discretion, be given for keeping to a representative of municipal institution, or of the owner of the property, or member of his family, or his relative, or other person.Temporary limitation of the ownership rights may be imposed in conjunction with seizure or search.

Last reviewed on 6 juillet 2016 by Secrétariat du RJE

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