Such a secret measure is applied in the Republic of Lithuania in accordance with the provisions of Articles 158 (Actions of Covert Pre-trial Investigation Officers) and 160 (Secret Surveillance) of the Code of Criminal Procedure (CCP).
Requirements for the application of this measure:
Court Order, issued by an Investigative Judge by a request of a Prosecutor, is required. In a request of a Prosecutor the need of use of technical means (GPS) for the surveillance must be indicated. If the surveillance is implemented in conjunction with the access to a private place (car), the Court order to access a car 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 “GPS installation”). Judge must review and ascertain if the “target” has any kind of immunity or the car 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 this 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 of executed measure has to be issued in 72 hours after the moment of a decision to apply measure (Article 160 (1) of CCP).