Fiches Belges

1. Conditions for an interception of telecommunication: Court Order, issued by an Investigative Judge by a request of a Prosecutor. Article 154 of CCP regulates it. The definition of the activity is “Control of the information that is transferred by electronic means”. The measure is not possible investigating misdemeanours and some of the mild crimes, except there is a danger of violence or other illegal activity (not specified) against witnesses, victims, experts or their relatives. Maximum period of application – 6 months. In complex cases it can be prolonged up to 9 months. Worth to know that interception in Lithuania is allowed by the Court Order to intercept a “person” and covers all his/her phone numbers, email addresses, etc. that he/she uses during the validity of a Court Order. It means that there is no need to get a new Court Order if a person changes SIM card, device, account, etc. It is possible to use measure without Court Order in urgent cases by the decision of a prosecutor. In such a case the Court approval for executed measure has to be issued in 72 hours after the moment of a decision to apply measure (Article 160 (1) of CCP).

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 - if MLA is provided under CoE 1959 Convention on MLA. The Prosecutor General's Office and the Regional Prosecutor's Offices - if MLA is provided under the EU 2000 Convention or EIO directive.

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.

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