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).