Measure Implementation

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

Article 160 of CCP regulates the activity that has a legal definition “Secret surveillance” in Lithuania. In case of the need for that to get into a private place (to install technical means secretly, for instance), in addition, another article, i.e. Article 158 (Actions of Covert Pre-trial Investigation Officers) of CCP shall apply. 2. Conditions for this measure: Court Order, issued by an Investigative Judge by a request of a Prosecutor. In a request of a Prosecutor the need of use of technical means (audio/video) for the surveillance must be indicated. If the surveillance, or a very similar secret activities so-called in Lithuania “Control of premises”, “Control of conversations”, etc. are implemented in conjunction with the access to a private place (premises, car), the Court order to access a private place is also mandatory. The number of accesses, persons implementing it must be indicated in a Prosecutor’s request and Court Order. As well as the purposes of the access (like “installation”). Judge must review and ascertain if the “target” has any kind of immunity or the “place” belongs or is run by the person having an immunity from criminal proceedings. The past measure is not possible investigating misdemeanours and mild crimes. It is possible to use measure without Court Order in urgent cases. By the decision of a prosecutor or even the officer of pre-trial investigation body (for the latter – only without access to a place, just pure surveillance). In such a case the Court approval to 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: 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

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