Measure Implementation

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

For the purposes of securing a civil claim or a probable confiscation of property, temporary limitation of the ownership rights may be imposed, upon the resolution of the prosecutor, on a suspect or a natural person who, in accordance with the provisions of legal acts, is held financially responsible for the actions of the suspect, or on any other natural persons who possess the property received or acquired as a result of a criminal offence.

Legal Framework

International legal framework applicable for this measure in your Member State

Regulation 2018/1805 as of 19 Dec 2020 FD 2003/577/JHA on freezing orders; FD 2006/783/JHA on confiscation orders

Competent Authority

* receive the request/decision for judicial cooperation

Regulation 2018/1805 as of 19 Dec 2020 - The Prosecutor General's Office, the Regional Prosecutor's Offices. FD 2003/577/JHA on freezing orders - The Prosecutor General's Office, the Regional Prosecutor's Offices. FD 2006/783/JHA on confiscation orders -District courts

Accepted languages

Accepted languages for the request/decision

Lithuanian

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

N/A

Concise legal practical information

Special requirements

Temporary limitation of the ownership rights, imposed further to the prosecutor’s resolution, may not last longer than for a period of six months. This term may be extended by the ruling of pre-trial investigation judge but for no more than two periods of three months. Where the case has been brought before the court, the imposition of temporary limitation of the ownership rights or the extension of the time period of this penal measure shall be decided (in the form of a court ruling) by the court having jurisdiction over the case. In cases involving grave or extremely grave crimes or where the suspect has gone into hiding, the number of extensions of the time periods of this penal measure shall be unlimited.Temporary limitation of the ownership rights shall be cancelled further to the resolution of a prosecutor or a court ruling, where this measure has become unnecessary.

Last reviewed on 6 October 2022 by EJN Secretariat

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  • Assets - Freezing, Confiscation and Restitution (E.1 – E.4)
  • E.3 Restitution
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