Fiches Belges

BEFORE initiating the criminal case: The staff personnel of the entities of operational activities, whose affiliation with an entity of operational activities shall be classified and coded, and adult persons who covertly co-operate with entities of operational activities, with whom the employees of the entities of operational activities have formed an agreement (verbally or in writing) with respect to clandestine co-operation, shall be the covert participants in operational activities. They can carry out the operational actions and imitate the model of the criminal action. The imitation of the criminal act model is the approved actions, formally having the features of the criminal act or other law violations, and which are carried out in order to safeguard state protected person’s rights and freedoms, property, and society and state safety against the criminal attempt. AFTER initiating the criminal case: Article 158 of the Criminal Code of the Republic of Lithuania provides a possibility to the officers of the pre-trial investigation, as the procedural measures of constraint, to conduct the investigation not revealing their identities. This procedural measure of constraint may be applied only when the pre-trial investigation is commenced and the pre-trial judge’s sanction is obtained, which is based on a prosecutor’s reasoned motion. It is also needed to have enough data that a person, who is under the investigation, has committed a criminal offence. The officers are granted the right to carry out the actions, which imitate the criminal act.

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. 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.

It is forbidden by the national law to provoke a person to commit a crime. The classified information obtained in the course of operational activities, as well as that concerning a person’s personal and family life and information demeaning his honour and dignity, may not be transferred or divulged, with the exception of transfer in the presence of co-operating entities of operational activities and in the case provided in Article 19 of the Criminal Intelligence Law of the Republic of Lithuania (disclosure of information). Following the completion of the operational investigation and if the operational information with respect to the target of operational activities did not prove to be true, the information collected about the private life of the person, must be destroyed over a three-month period. The officer who authorised these activities must be informed of this one month prior to the destruction of the information collected through authorised activities.