Fiches Belges

The double criminality of the commited act for which the financial penalty was imposed in another Member State is verified by Lithuanian courts only for the offences which are not included into the list of Para 1 Article 5 of the FD 2005/214/JHA.

Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties.

The request under theFramework Decision 2005/214/JHA shall be transmitted to the competent District Court of Lithuania. Note: The Central authorithy - the Ministry of Justice - is only responsible for the assistance for the competent authorities (courts). It is responsible for the administrative transmission only when it is impossible to identify which authority is the executing competent authority. District courts of the place where the natural or legal person on whom a financial penalty has been imposed is resident or has its registered seat. Where the natural person on whom a financial penalty has been imposed has no residence in the Republic of Lithuania or the legal person has no registered seat in the Republic of Lithuania, the financial penalty is recognised by the district court of the place where the property or the principal part thereof from which recovery may be sought is located.

Lithuanian, English.

Not applicable. Note: the District Court shall organise the court hearing in 7 days after receiving the request for recognition and enforcement of the financial penalty.

(In relations with the third countries the European Convention of 28 May 1970 on the International Validity of Criminal Judgments is applicable).