Fiches Belges

Superficial body search - is a procedural measure of coercion, during which clothes, footwear of a person, personal belongings he has with him, body is searched in order to find and seize items, documents or other objects he carries, which might be of importance during investigation of a criminal act. Intimate search – procedural means of coercion, during which body of the suspect, victim or other person participating in the procedure is inspected or externally examined. By this act traces of criminal act or distinctive marks of the body are established. Traces of criminal act: signs of injury, bruise or scratch; blood spots; particles of biological, chemical or other materials; parts of plants, etc. Distinctive marks: body defects, birthmarks, tattoos, scars, etc. If a person does not agree with the search of his body, pre-trial investigation officer or prosecutor shall pass a decision, whish is of mandatory nature.

Directive 2014/41/EU regarding the European Investigation Order in criminal matters. It is applicable in relation to the Member States, which have also implemented the EIO Directive. For the countries, which have not implemented the EIO Directive so far, the following legal framework is applicable: European Convention on Mutual Assistance in Criminal Matters of April 20, 1959 and its first and second Additional Protocol of 1978 and 2001 respectively. Convention on Mutual Assistance in Criminal Matters between the Member States of the European union of May 29, 2000.

The Prosecutor General's Office of the Republic of Lithuania and the Ministry of Justice of the Republic of Lithuania - if MLA is provided under CoE 1959 Convention on MLA. The Ministry of Justice - at the trial stage, the Prosecutor General's Office - at the pre-trial stage. The Prosecutor General's Office, the Regional Prosecutor's Offices and the District courts - if MLA is provided under the EU 2000 Convention or EIO directive. The District courts - at the trial stage, Prosecutor's Offices - at the pre-trial stage.

Lithuanian or English under Directive 2014/41/EU regarding the European Investigation Order in criminal matters. 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).

EIO – 90 days, MLA - not determined.

Officers executing investigations of foreign states may participate during personal search, if a prior permission of the Prosecutor general’s Office to participate during pre-trial investigation acts, is obtained.