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

Confiscation (505)

1. MEASURE IMPLEMENTATION

Lituanie

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

Yes. Confiscation of property - one of the type of penal sanctions is the compulsory uncompensated taking into the ownership of a state of any form of property subject to confiscation and held by the offender or other persons. An instrument or a means used to commit a criminal act or the result of such an act shall be considered as property subject to confiscation. The property of any form directly or indirectly obtained from the criminal act shall be considered as the result of the act. Extended confiscation of property shall be the taking into ownership of the State of the property of the offender or part thereof disproportionate to the legitimate income of the offender, where there are grounds for believing that the property has been obtained by criminal means.

2. LEGAL FRAMEWORK

Lituanie

International legal framework applicable for this measure in your Member State

For the recognition and execution of the confiscation order between EU Member States the EU Framework Decision 2006/783/JHA is applicable (Lithuania implemented on 21 March 2013). In relations with third states - European Convention of 28 May 1970 on the International Validity of Criminal Judgments.

3. COMPETENT AUTHORITY TO:

Lituanie

* receive the request/decision for judicial cooperation

The request Under the Framework Decision 2006/783/JHA shall be transmitted directly to the competent district court of Lithuania. The Central authorithy - the Ministry of Justice - is only responsible for the assistance for the competent authorities (courts). Under the European Convention of 28 May 1970 on the International Validity of Criminal Judgments - the Ministry of Justice of the Republic of Lithuania.

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

"District courts. Note: In accordance with Article 365 3 (1) of the Code of Criminal Procedure, a decision on confiscation by a court of a Member State of the European Union is recognised by the district court of the place of residence of the natural person in respect of whose property the decision on confiscation was issued, or of the registered seat of the legal person in respect of whose property the decision on confiscation was issued. In cases where the natural person in respect of whose property the decision on confiscation was issued has no residence in the Republic of Lithuania or the legal person in respect of whose property the decision on confiscation was issued has no registered seat in the Republic of Lithuania, the decision on confiscation is recognised by the district court of the place where the property or the principal part thereof in respect of which confiscation is sought is located. "

4. ACCEPTED LANGUAGES

Lituanie

Accepted languages for the request/decision

Under the Framework Decision 2006/783/JHA - Lithuanian, English. Under the European Convention of 28 May 1970 on the International Validity of Criminal Judgments - Lithuanian, English, German.

5. EXECUTION DEADLINE

Lituanie

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

Not specified.

6. CONCISE LEGAL PRACTICAL INFORMATION

Lituanie

a. Special requirements

"Under Article 7 (5) of the EU FD 2006/783/JHA Lithuania will recognise/execute only when this is consistent with the national law of the Republic of Lithuania. In accordance with Article 61(1) of the European Convention of 28 May 1970, the Republic of Lithuania reserves the right: a. to refuse enforcement, if it considers that the sentence relates to a fiscal offence; b. to refuse enforcement of a sanction for an act which, according to the law of the Republic of Lithuania, could have been dealt with only by an administrative authority; c. to refuse enforcement of a European criminal judgment which the authorities of the requesting State rendered on a date when, under the law of the Republic of Lithuania, the criminal proceedings in respect of the offence punished by the judgment would have been precluded by the lapse of time; d. to refuse the enforcement of sanctions rendered in absentia and ""ordonnances pénales""; e. to refuse the application of the provisions of Article 8 where the Republic of Lithuania has an original competence, and to recognise in these cases only the equivalence of acts interrupting or suspending time limitation which have been accomplished in the requesting State. "

b. Other useful information

A person who committed a criminal act may, together with a penalty, be imposed one or more of the penal sanctions, of which could be confiscation of property or extended confiscation of property. Extended confiscation of property shall be imposed only if it is provided for by a criminal law in force at the time of commission of an act prohibited by this Code. A legal entity may be subject to confiscation of property or extended confiscation of property. When ordering confiscation of property, the court must specify the items subject to confiscation or the monetary value of the property subject to confiscation. List of Lithuanian courts: http://www.teismai.lt/en/courts/contacts-of-courts/contacts-of-courts/652

Last reviewed on 6 juillet 2016 by Secrétariat du RJE

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