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: Il-Litwanja

Aċċess u tfittxija ta' djar (601)

1. MEASURE IMPLEMENTATION

Il-Litwanja

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

Yes. Search – it is a procedural coercive measure by means of which the premises, place or a person is inspected seeking to take instruments of a criminal offence, things or valuables acquired in the criminal way, other things, documents or objects necessary for investigation of a criminal offence, also seeking to find dead bodies or wanted persons. When carrying the search it is not required to know exact features or characteristic of sought objects.

2. LEGAL FRAMEWORK

Il-Litwanja

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.

3. COMPETENT AUTHORITY TO:

Il-Litwanja

* 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 judge. In urgent cases these measures may be applied under Resolution of a prosecutor or pre-trial officer. In such cases, within tree days after the application of a measure approval by pre-trial judge must be obtained. If such approval is not given within the said term, all taken things, valuables and documents must be returned to a person from which they were taken, and findings of the search cannot be used in further proceeding as incriminating the suspect or accused.

4. ACCEPTED LANGUAGES

Il-Litwanja

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).

5. EXECUTION DEADLINE

Il-Litwanja

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

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Il-Litwanja

a. Special requirements

Participation of officers of the requesting states in the search is possible having obtained before that permission of the Prosecutor General’s Office to participate in the execution of pre-trial proceedings.

b. Other useful information

Making photos or film records during the search is allowed.

Last reviewed on 6 Lulju 2016 by EJN Secretariat

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