Fiches Belges

Examination is a pre-trial investigation action when a pre-trial investigation judge or court commissions an expert to conduct a special examination, when knowledge of science, technologies, art, etc. are necessary for investigation. An expert shall conduct such examination and present the results in an examination act. Special examination – laboratory examination of objects using special technological means and methods.

Directive 2014/41/EU regarding the European Investigation Order in criminal matters. European Convention on Mutual Assistance in Criminal Matters of 20 April 1959.

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.

Upon establishing that it is necessary to order expert examination, the prosecutor shall duly inform in writing the suspect, his counsel, and other parties to the proceedings interested in the findings of expert examination and shall indicate the period during which the aforesaid persons may make motions on questions to the expert, appointment of a specific expert and submit additional material for expert examination. Thereafter the prosecutor shall file an application to the pre-trial judge. Motions of the parties to the proceeding or a notice that no motions have been received shall be attached to the application.