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

Restitution (503)

1. MEASURE IMPLEMENTATION

Lituanie

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

Yes. Where a judge or the court are satisfied that the objects or valuables found and seized during the proceedings belong to a victim or to any other person, they shall decide that upon coming of the judgement into effect, these objects or valuables are returned to their owner. At the request of the owner, such objects or valuables may be returned to him by a pre-trial investigation officer before termination of the proceedings provided but only after the said objects or valuables in this case have been thoroughly examined and described. When receiving such objects or valuables, the person must give a written consent to keep them until the end of the court hearing.

2. LEGAL FRAMEWORK

Lituanie

International legal framework applicable for this measure in your Member State

Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union, Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters.

3. COMPETENT AUTHORITY TO:

Lituanie

* receive the request/decision for judicial cooperation

"Under the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union Requests shall be transmitted directly to the competent judicial authorities with territorial competence for executing them - the district courts at the trial stage, teritorial prosecutor's offices at the pre-trial stage. The Ministry of Justice and the Prosecutor General's Office in every concrete case shall help to determine which judicial authority has territorial competence to provide mutual assistance. Under the Second Additional Protocol of the European Convention on Mutual Assistance in Criminal Matters the request shall be transmitted to the Ministry of Justice of the Republic of Lithuania. "

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

Courts. Also prosecutor or pre-trial officer when the process is still pending.

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 Second Aditional Protocol of 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

The measure is applicable in the cases established by International Treaties of the Republic of Lithuania and with a participation of the officers of the Republic of Lithuania.

b. Other useful information

Objects which are prohibited from circulation shall not be returned to the owner.

Last reviewed on 6 juillet 2016 by Secrétariat du RJE

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