Fiches Belges

back

Judicial cooperation measure

A. EIO/ MLA MEASURES

  • Electronic evidence, interception and surveillance (A.50 - A.56)
  • A.52 Tracing of telecommunications and other forms of electronic communications
search measure Select another measure

Select a measure

for

Lithuania Lithuania

Measure Implementation

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

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).

Legal Framework

International legal framework applicable for this measure in your Member State

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: EU MLA Convention 2000.

Competent Authority

* receive the request/decision for judicial cooperation

The Prosecutor General's Office and the Regional Prosecutor's Offices.

Accepted languages

Accepted languages for the request/decision

Lithuanian or English.

Execution deadline

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

EIO – 90 days, MLA - not determined.

Concise legal practical information

Special requirements

N/A

Last reviewed on 6 October 2022 by EJN Secretariat

NEXT MEASURE

  • Electronic evidence, interception and surveillance (A.50 - A.56)
  • A.53 Preservation and production of electronic evidence
next

Export this Judicial Cooperation Measure

File format