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

Convocation de témoins (701)

1. MEASURE IMPLEMENTATION

Lituanie

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

"Yes. This measure is applicable to call the witness (any person whom is known to have knowledge of any circumstances which are important for investigation of the case) to come to the pre-trial investigation officer, prosecutor or court. A person who under a certificate of a medical institution or a conclusion of a psychiatrist or medical examiner, is not able, owing to his physical or mental disability, to have a clear understanding of the facts relevant for the case, and cannot, therefore, testify about them shall be precluded from being a witness. The witness shall be summoned by the summons or by telephone, or by other means. A person shall be called for questioning by a summons which shall indicate the person to be summoned and for what purpose, the place and to whom he is being summoned, the day and hour when he has to present himself, the consequences of failure to present himself as provided for in thet Code of Criminal Procedure. If a witness fails, for no good reason, to appear before the pre-trial investigation officer, the prosecutor or the court, or refuses, without a lawful cause, or avoids to give evidence, procedural coercive measures provided for in the Code of Criminal Procedure (fine, or arrest) shall be imposed on him.

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, European Convention on Mutual Assistance in Criminal Matters of 20 April 1959.

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 the procedural documents shall be sent to the persons, who are in the territory of Lithuania, directly by post. Procedural documents may be sent via the competent authorities (Ministry of Justice or Prosecutor General‘s Office) only under the conditions stipulated in Para 2 Article 5 of the Convention. 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 European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 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)

Pre-trial investigations officers, prosecutors at the prie-trial stage; courts - at the trial stage.

4. ACCEPTED LANGUAGES

Lituanie

Accepted languages for the request/decision

Under the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union - the documents shall be drawn up in Lithuanian or if the authority by which the procedural document was issued knows that the addressee understands only some other language, the document, or at least the important passages thereof, must be translated into that other language. 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

Republic of Lithuania does not consider itself bound by the provisions of the first sentence of paragraph 5 and paragraph 6 of Article 6 of the Convention of f 29 May 2000.

b. Other useful information

N/A

Last reviewed on 6 juillet 2016 by Secrétariat du RJE

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