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. The officers from abroad, who are conducting the investigation, are allowed to participate in observation, however, the consent (on allowing them to participate in the pre-trial investigation actions) of the Prosecutor General’s Office of the Republic of Lithuania should be obtained beforehand.

Legal Framework

International legal framework applicable for this measure in your Member State

CoE 1959 Convention on MLA and its additional Protocols, EU 2000 Convetion on MLA.

Competent Authority

* receive the request/decision for judicial cooperation

* receive the request/decision for judicial cooperation Prosecutor General's Office and Regional Prosecutor's Offices, if MLA is provided following the EU 2000 Convention, the Ministry of Justice - if CoE 1959 Convention on MLA is applicable. * execute/recognise the measure (if other than the receiving authority) Pre-trial judge, prosecutor and in some cases prie-trial investigation officer.

Accepted languages

Accepted languages for the request/decision

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)

N/A

Concise legal practical information

Special requirements

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.

Last reviewed on 23 September 2022 by EJN Secretariat

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  • Cross-border operations (A.70-A.73)
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