Measure Implementation

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

BEFORE prie-trial investigation: Operational surveillance- a method of operational activity, when information is obtained secretly and the object is observed directly.DURING the prie-trial investigation: the prie-trial judge, upon the prosecutor's request, may order the observation of a person or a motor vehicle. In urgent cases, these actions may be conducted based on the prosecutor's or pre-trail inevistagator's decision. In such a case a pre-trail investigation judge's sanction for these actions must be received within 3 days. If such a sanction is not received, the observation must be terminated adn the data received immediaely destroyed.

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: 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.

Competent Authority

* receive the request/decision for judicial cooperation

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.

Accepted languages

Accepted languages for the request/decision

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).

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 5 October 2022 by EJN Secretariat

NEXT MEASURE

  • Electronic evidence, interception and surveillance (A.50 - A.56)
  • A.56 Room surveillance
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