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Draft REPUBLIC OF LITHUANIA LAW ON THE SPECIAL INVESTIGATIONS SERVICE May 2, 2000, No.VIII-1649 Vilnius CHAPTER I GENERAL PROVISIONS Article

  1. Scope This Law lays down the objectives of the Special Investigations Service of the Republic of Lithuania, the legal basis of its activities, its tasks and functions, the organisation of the Service, its financing, ways of control of its activities, and the rights and duties of its officers. Article
  2. Definitions
  3. The Special Investigations Service of the Republic of Lithuania (hereinafter - the Special Investigations Service or the Service), is a state law enforcement agency functioning on the statutory basis, accountable to the President of the Republic and the Seimas, which develops and implements corruption prevention measures, detects and investigates corruption related crimes.
  4. Corruption is a promise, offer or giving by a person of any illicit reward to a state politician, official or employee, also a direct or indirect request or acceptance by a state politician, official or employee of any illicit reward for himself or another person, or acceptance of an offer or promise of such a reward for performance or non-performance of certain functions, also a promise, offer or giving by a person of any illicit reward to any person who claims he may influence the decisions of a state politician, official or employee, a direct or indirect request by a person who claims he may influence the decisions of a state politician, official or employee for or acceptance of any illicit reward or acceptance of an offer or promise of such a reward, also complicity in committing the acts specified in this paragraph.
  5. Any person having appropriate powers and duties at an institution of another state, an international organisation or at international judicial institutions shall have the status equivalent to that of a state politician, official or employee.
  6. A person is a natural or legal person of any state, or a person without the status of a legal person or any person having a different legal status established by the state where he is registered. Article
  7. Legal Basis for the Activities of the Special Investigations Service
  8. The Special Investigations Service shall be guided by the Constitution of the Republic of Lithuania, the laws of the Republic of Lithuania, international treaties, the Statute of the Service, and other legal acts.
  9. The Statute of the Special Investigations Service shall be approved by a law passed by the Seimas.
  10. The Special Investigations Service is a legal entity having its own settlement account with a bank, its seal with the national emblem of Lithuania and the name ”The Special Investigations Service of the Republic of Lithuania”, its own flag and insignia. Article
  11. The Principles of the Activities of the Special Investigations Service The activities of the Special Investigations Service shall be based on the rule of law, lawfulness, respect for human rights and freedoms, the principles of equality before the law, openness and confidentiality, as well as on the principle of balance between personal initiative of the officers and the institutional discipline. Article
  12. Professional Links of the Special Investigations Service While performing the tasks assigned to it, the Special Investigations Service shall maintain professional links with other institutions of the Republic of Lithuania, also with various agencies, organisations and enterprises, and shall encourage personal initiative of natural and legal persons in implementing anti-corruption measures. Through the mass media and in other ways, the Special Investigations Service shall inform the public about the enforcement of corruption control and prevention programmes and measures, and the anti-corruption activities carried out by central and local government institutions and agencies. Article
  13. Obligation to Provide Information to the Special Investigations Service
  14. Upon the request by the Special Investigations Service, the Government of the Republic of Lithuania, ministries and other central and local government institutions and agencies, within five working days, must submit to the Service legal acts which have been adopted but have not yet been published in the “Valstybės žinios” (Official Gazette).
  15. Central and local government institutions and agencies must make it possible for the Special Investigations Service to have free and unrestricted access to the data of state registers, cadastres and classificators, data banks of state institutions, agencies and enterprises, while data banks of other enterprises, agencies, organisations and natural persons may be accessed on a contractual basis. CHAPTER II TASKS AND FUNCTIONS OF THE SPECIAL INVESTIGATIONS SERVICE Article
  16. Tasks of the Special Investigations Service The Special Investigations Service shall guard and protect an individual, society, and the State from corruption, and shall conduct prevention and detection of corruption. Article
  17. Functions of the Special Investigations Service The Special Investigations Service shall: 1) carry out operational activities in detecting and preventing corruption related crimes; 2) conduct an inquiry and preliminary investigation; 3) co-operate with other law enforcement institutions in the manner laid down by legal acts; 4) collect, store, analyse and sum up the information about corruption and related social and economic phenomena; 5) on the basis of the available information prepare and implement corruption prevention and other measures; 6) jointly with other law enforcement institutions implement crime control and prevention programmes; 7) report in writing , at least twice a year, to the President of the Republic and the Chairman of the Seimas about the results of the Service’s activities and submit its proposals how to make the activities more effective. CHAPTER III THE STRUCTURE AND ADMINISTRATION OF THE SPECIAL INVESTIGATIONS SERVICE Article
  18. Establishment and Abolition of the Special Investigations Service and its Units
  19. The Service shall be established and abolished by a separate law.
  20. The Service may consist of boards, divisions, branches and other units.
  21. The units of the Service shall be established, reorganised, and abolished, and the number of the staff shall be approved by the Director of the Service. Article
  22. The Staff of the Special Investigations Service
  23. The staff of the Service shall be officers and other public servants.
  24. The status of the officers of the Special Investigations Service shall be established by the Law on the Special Investigations Service and the Statute of the Special Investigations Service; the status of other public servants employed at the Service shall be established by the Law on the Public Service of the Republic of Lithuania. Article
  25. The Management of the Special Investigations Service
  26. A candidate to the post of the Director of the Special Investigations Service shall be nominated to the Seimas by the President of the Republic of Lithuania who shall also appoint and dismiss the Director of the Service, by and with the consent of the Seimas. The Director shall be appointed for a term of five years but he may hold this post no longer than for two terms in succession.
  27. The First Deputy Director and the Deputy Director shall be appointed and dismissed by the President of the Republic by the advice of the Director.
  28. In the absence of the Director of the Special Investigations Services, one of his Deputies shall act for him. Article
  29. Grounds for the Dismissal of the Director of the Special Investigations Service and His Deputies
  30. The Director and Deputy Directors of the Special Investigations Service shall be dismissed from office in the event of: 1) resignation; 2) breach of the oath; 3) coming into effect of a conviction; 4) ill health attested by an opinion of an appropriate medical examining commission; 5) mutual agreement; 6) transfer by his own consent to another job; 7) transpiring of the circumstances referred to in Article 15; 8) termination of his term in office unless he is appointed for the second term;
  31. The Director of the Special Investigations Service and his deputies, upon reaching the age when, under law, officers and servicemen of the institutions of the Interior, the Special Investigations Service, the State Security, the National Defence, the Prosecutors’ Office, the Department of Prisons and its subordinate institutions become eligible for the state pension, may be dismissed from office.
  32. Disputes relating to the dismissal from office shall be settled in the manner set forth in the Law on Administrative Proceedings. CHAPTER IV RIGHTS AND DUTIES OF THE OFFICERS OF THE SPECIAL INVESTIGATIONS SERVICE AND RESTRICTIONS ON THEIR ACTIVITIES Article
  33. The Rights of the Officers of the Special Investigations Service
  34. When pursuing a person suspected of commission of a crime, preventing a crime which is being committed, verifying the information about abuse of office by state officials and public servants, their links with persons connected with criminal organisations, or when discharging his other official duties, if there grounds and causes provided by law, the officer of the Special Investigations Service shall produce his badge and authority card.
  35. An officer of the Special Investigations Service shall have the right : 1) to inspect identity documents and take persons suspected of commission of a crime to the offices of the Special Investigations Service or the police; 2) in cases and in the manner provided by law, to use a weapon, special means and other types of force; 3) to enter, without any hindrance, the premises of enterprises of all types of ownership, agencies and organisations, during office hours, at other time - accompanied by a representative of the administration of the organisation, its owner or his representative; 4) in cases and the manner provided by law, to open the premises or means of transport by force; 5) on his way to the scene of a crime, when in pursuit of a person suspected of commission of a crime, when transporting a person in need of an urgent medical assistance to a hospital - to use, without any hindrance, all types of means of transport and communications belonging to enterprises, agencies, organisations or natural persons, with the exception of those belonging to foreign diplomatic missions or consular representations. At the request of the owner or operator of the vehicle or means of communication, he shall be issued a certificate of the form established by the Director of the Special Investigations Service, under which the losses or damage shall be compensated to him from the funds of the Special Investigations Service; 6) to stop motor vehicles and check the documents of the driver, passengers or the vehicle, inspect the cargo and other things in the vehicle; 7) on his way to the scene of the crime or in pursuit of a person suspected of commission of a crime, to use, in the prescribed manner, the blue flash lights and sound signals of the cars; 8) to obtain information or explanation from persons about crimes which are being planned, committed or have been committed, and about other violations of law; 9) to inspect economic, financial and other activities of all types of enterprises, agencies and organisations; 10) after a notification to the head or the owner of an enterprise or their representative, and with the permission of the Director of the Special Investigations Service, to order stock taking, audit, to carry out an inspection, to examine and take the accounting documents, the material relating to the staff, auditing material and other documents and things; 11) to carry out other actions which an officer of the Special Investigations Service is authorised to carry out by law.
  36. An officer of the Special Investigations Service, in the course of his official duties at the border points, customs and other places and territories with their own special internal rules, shall, upon producing the service badge and his authority card, have the right: 1) to inspect the documents of individuals and officials, of means of transport and cargoes; 2) to detain the infringers of the border and customs rules and other persons, to frisk the person and search his personal effects and, pursuant to laws regulating the detention procedure and guarantees of the detained persons, to take them to the offices of the border police, customs or other law enforcement institutions; 3) to stop and inspect means of transport, and to seize personal effects or documents in the prescribed manner; 4) to carry out other actions which an officer of the Special Investigations Service is authorised to carry out by law. Article
  37. Duties of the Officers of the Special Investigations Service An officer of the Special Investigations Service must: 1) honour his oath; 2) upon receiving a report or a statement about a crime which is being planned or committed or some other violation of law, or when witnessing a crime, take all immediate measures to prevent the crime which is being planned or committed or some other violation of law, to seal off the scene of the crime, to identify the witnesses, and to report the accident to the police; 3) to safeguard state and official secrets; 4) to guarantee the rights and lawful interests of the detained persons, to provide first aid and any other necessary assistance to the victims of crimes and violations of law and to the persons who are in a helpless state. Article
  38. Restrictions Applicable to the Officers of the Special Investigations Service
  39. It shall be prohibited for the officers of the Special Investigations Service: 1) to be members of political parties or political organisations, to take part in political activities; 2) to be members of administrative bodies of enterprises, agencies or organisations, to receive remuneration for work at such bodies, except where it is necessary for intelligence activities carried out by the Service and for a period not longer than is necessary for attaining the objective of the assignment; 3) to conclude contracts on behalf of the Special Investigations Service with enterprises where they themselves or members of their families are owners or co-owners or to hold by proxy shares owned by third persons; 4) to represent the interests of national or foreign enterprises; 5) to be employed on a labour contract basis, to work in the capacity of an advisor, expert or consultant at enterprises, agencies, organisations and other institutions, also to get remuneration other than laid down by this Law, with the exception of cases when this is necessary for intelligence activities carried out by the Service and for a period not longer than is necessary to attain the objective set by the assignment, also except remuneration for teaching and creative work; 6) to take part in strikes, pickets or rallies which might directly obstruct the activities of the Special Investigations Service or the performance of duties by an officer of the Special Investigations Service, to be a member of a trade union.
  40. An officer of the Special Investigations Service may not accept gifts or services directly or indirectly related to his office, except in cases provided by law.
  41. An officer of the Special Investigations Service shall also be subject to other restrictions determined by the Law on the State and Official Secrets. CHAPTER V LEGAL PROTECTION OF THE OFFICERS OF THE SPECIAL INVESTIGATIONS SERVICE Article
  42. Independence of the Officers of the Special Investigations Service
  43. While discharging their official duties and carrying out assignments of their superiors, the officers of the Special Investigations Service shall be guided by laws and other legal acts.
  44. State institutions and agencies or their employees, political parties, public organisations and movements, the mass media, other natural or legal persons shall be prohibited from interfering with operational and other activities carried out in the line of duty by the officers of the Special Investigations Service.
  45. Meetings, pickets and other actions on the premises of the Special Investigations Service, and within the distance of 25 metres from the buildings of the Special Investigations Service, shall be prohibited.
  46. Filming, taking photos, making audio or video recordings on the premises of the Special Investigations Service shall be permitted only subject to an authorisation by the Director of the Special Investigations Service. Article
  47. Guarantees of the Activities of the Special Investigations Service Officers
  48. A criminal action against an officer of the Special Investigations Service may be instituted only by the Prosecutor General of the Republic of Lithuania or his Deputy.
  49. In the course of their official duties, the officers of the Service may not be taken to the police or detained, body search, the search of their personal effects and their means of transport shall be prohibited, without participation of the head of the appropriate Special Investigations Service unit or a person authorised by him, with the exception of cases when the officer is detained in flagrante delicto.
  50. Information about the officers of the Service who are carrying out or who have carried out special assignments shall be a state secret and may be used and declassified only in cases and the manner set forth by legislation of the Republic of Lithuania.
  51. Protection of the officers of the Service and their family members may be provided in the manner prescribed by the Law on the Protection of the Participants of the Criminal Procedure and of Operational Activities, Officers of Judicial and Law Enforcement Institutions from Tampering. CHAPTER VI USE OF FORCE Article
  52. The Right of Officers of the Special Investigations Service to Use Force
  53. This Law and the Statute of the Special Investigations Service shall authorise an officer of the Special Investigations Service, when performing the tasks assigned to him, to insist that individuals obey his lawful orders. In the event of disobeying the orders or resistance, the officer of the Service has the right to resort to the use of force.
  54. The officers of the Special Investigations Service have the right to possess, keep and use an authorised firearm, explosives and explosive substances.
  55. Types of force and grounds for the use of a firearm and explosive substances and the manner of their use shall be regulated by the Statute of the Special Investigations Service and the Law on the Control of Weapons and Ammunition. CHAPTER VII SOCIAL GUARANTEES OF THE OFFICERS OF THE SPECIAL INVESTIGATIONS SERVICE Article
  56. Principles of Social Guarantees
  57. Officers of the Special Investigations Service shall be entitled to social guarantees established by law for the staff of law enforcement institutions.
  58. The rate of the basic salary of the officers of the Special Investigations Service shall be established by the Law on the Public Service, while the rate and the manner of payment of increments, additional pays, compensations and benefits shall be established by the Statute of the Special Investigations Service of the Republic of Lithuania and other legal acts.
  59. The manner of granting pensions to officers of the Special Investigations Service shall be specified by the Statute of the Special Investigations Service of the Republic of Lithuania, laws and other legal acts. CHAPTER VIII FINANCING OF THE SPECIAL INVESTIGATIONS SERVICE, MATERIAL SUPPLIES AND CONTROL OF ITS ACTIVITIES Article
  60. Financing of the Special Investigations Service
  61. The Special Investigations Service shall be financed from the state budget of Lithuania and shall manage the allocations assigned to it.
  62. The Special Investigations Service may have its own special funds for operational activities. Article
  63. Material and Technical Supplies of the Special Investigations Service
  64. Material and technical supplies for the Special Investigations Service shall be provided from the funds assigned to it.
  65. The assets assigned by the State to the Special Investigations Service shall be managed, used and disposed by it in trust. Article
  66. Supervision of the Activities of the Special Investigations Service
  67. Inquiries and preliminary investigations conducted by the Special Investigations Service shall be supervised by a prosecutor.
  68. The internal regulations of the Special Investigations Service shall be determined by the Director of the Service. CHAPTER IX FINAL PROVISIONS Article
  69. Validity of Other Legal Acts and Tasks of the Government
  70. Legal acts regulating social guarantees of the officers of the Special Investigations Service adopted before entry into force of this Law, shall remain effective until appropriate legal acts replacing them and implementing this Law are adopted, but not longer than specified in paragraph 2 of this Article
  71. The Government shall: 1) within 3 months from entry into force of this Law, bring into line with this Law the subordinate legislation which does not conform with the provisions of this Law; 2) within 2 months from entry into force of this Law, amend the resolution of the Government of the Republic of Lithuania establishing the list of positions of law officers with account of the list of positions of the Special Investigations Service; 3) within 2 months from entry into force of this Law, amend the procedure of accessing the data of state cadastres, classificators and registers, and include the Special Investigations Service into the list of state government and administration institutions which have the right to obtain free of charge from keepers of state cadastres, classificators and registers the data of these cadastres, classificators and registers; 4) within 3 months from entry into force of this Law, establish the procedure and rates of reciprocal services provided by entities of operational activities and access to the information in the possession of the Operational Activities Service, and Lithuania National Bureau of Interpol of the Police Department, also establish the procedure on how entities of operational activities make use of the services of other units of the Ministry of the Interior (The Department of Information Technology and Communications, the Migration Department, the Bureau of Addresses and Information and the Health Care Service). Article
  72. Entry into Force of the Law on the Special Investigations Service The Law on the Special Investigations Service shall enter into force on June 1,
  73. I promulgate this Law passed by the Seimas PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS I promulgate this Law passed by the Seimas of the Republic of Lithuania PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS [Article
  74. An Officer of the Special Investigations Service
  75. An officer of the Special Investigations Service shall be a civil servant appointed to a certain position at the Special Investigations Service to discharge the functions of a government official pursuant to laws and other legal acts, endowed with administrative powers appropriate to his position by the said laws in relation to persons under or beyond his control.
  76. The assignments given by an officer shall be obligatory for all legal and natural persons.
  77. An officer of the Special Investigations Service must carry out the orders and instructions of an officer of the Special Investigations Service superior to him or his head. He shall forthwith report to the Director of the Special Investigations Service about any order or instruction received which is clearly in breach of the law. An order or instruction given by Director of the Special Investigations Service which is clearly in breach of the law must be reported forthwith to the Chairman of the National Security and Defence Committee of the Seimas of the Republic of Lithuania.
  78. When admitting a person to the Special Investigations Service a 6 month probation period shall be set during which no increments to the basic salary or additional payment shall be paid. If after termination of the probation period the person is not removed from his position it shall be deemed that the his performance appraisal is favourable. Article
  79. Requirements for Persons Recruited to the Special Investigations Service 1.The Special Investigations Service may recruit persons of above-reproach reputation, who are citizens of the Republic of Lithuania, not younger than 20 years of age and who have completed the initial compulsory military service under the Law on Compulsory Military Service or have been relieved from it in accordance with the procedure established by laws, having a good command of the state language, education, intellect and moral qualities appropriate for the position to which he is to be appointed, having an adequate professional and physical training, and who are physically fit.
  80. Persons of above-reproach reputation, who are citizens of the Republic of Lithuania, have a university degree and a record of work at law enforcement institutions of no less than 5 years may be appointed to the post of Director of the Special Investigations Service or to the posts of his deputies.
  81. Only citizens of the Republic of Lithuania, having a university degree may be appointed to the posts of the heads of units of the Special Investigations Service.
  82. Only citizens of the Republic of Lithuania with a university degree in law may be appointed to the posts of investigators or inquiry officers.
  83. Persons to be recruited to the Special Investigations Service must undergo a medical examination at medical institutions within the sphere of regulation of the Ministry of Health of the Republic of Lithuania and obtain a conclusion of the authorised medical expert commission about their fitness for the Service. Medical requirements shall be determined by the Minister of Health of the Republic of Lithuania and Director of the Special Investigations Service. Article
  84. Ranks, Positions and Qualifications Grades at the Special Investigations Service
  85. The following service ranks shall be granted to the officers of the Special Investigations Service: 1) the extraordinary special agent; 2) the chief special agent; 3) the senior special agent; 4) the special agent; 5) the special consulting agent; 6) the senior agent; 7) the agent; 8) the junior agent.
  86. The service rank may coincide with the position.
  87. The rank of the extraordinary special agent and the 1st qualifications grade shall be granted to Director of the Special Investigations Service when appointing him to this post.
  88. The rank the of the senior special agent and the 1st qualifications grade shall be granted to the Deputy Directors of the Special Investigations Service when appointing them to their posts.
  89. The heads of the units of the Special Investigations Service shall be granted the rank of the senior special agent, and their deputies and heads of branches shall be granted the rank of the special agent.
  90. The inquiry and preliminary investigation in criminal cases shall be conducted by inquiry officers and investigators.
  91. The manner of granting qualifications grades to the officers shall be determined and the qualifications grades shall be granted by Director of the Special Investigations Service. Article
  92. The Oath of the Officer of the Special Investigations Service
  93. Upon admission to the Special Investigations Service, the person, before he starts to carry out his official duties, shall swear an oath of allegiance to the state of Lithuania. The text of the oath shall read as follows: “I, (the name and first name), an officer of the Special Investigations Service, swear to serve the Republic of Lithuania faithfully, observe its Constitution and other laws, to fight against corruption and related crimes, to safeguard the state and official secrets; I promise to be a just and conscientious officer, and to perform the duties entrusted to me in good faith. So help me God!” The oath may be sworn without the last sentence.
  94. The oath of Director of the Special Investigations Service or of his Deputies may be administered to the President of the Republic, and the oath of other officers of the Special Investigations Service - to Director of the Special Investigations Service.
  95. The sheets with the text of the oath and signature of the officers shall be kept in the officers’ service files.
  96. An officer who refuses to swear an oath may not be employed at the Special Investigations Service. Article
  97. The Authority Card, the Service Badge and a Special Uniform of Officers of the Special Investigations Service
  98. The officers of the Special Investigations Service shall have the authority card, the service badge and a special uniform. The standard design of the authority card, the service badge and a special uniform shall be approved by the Government.
  99. A special uniform shall be issued and shall be worn pursuant to the norms, conditions and procedure approved by Director of the Special Investigations Services. Article
  100. Appointment and Dismissal of the Officers of the Special Investigations Service
  101. Officers and other employees of the Special Investigations Service, with the exception of those that are appointed by the President of the Republic, shall be appointed for employment at the Special Investigations Service and dismissed from it by Director of the Special Investigations Service.
  102. The following principles of dismissal of officers of the Special Investigations Service shall be established: 1) resignation; 2) dismissal following coming into effect of a conviction; 3) dismissal after the loss of the citizenship of the Republic of Lithuania; 4) dismissal upon reaching the age prescribed by paragraph 1 of Article 46 of this Law or upon reaching the age of retirement; 5) dismissal following a conclusion of the performance appraisal commission; 6) dismissal because of the refusal to swear an oath; 7) dismissal because of ill health attested by an appropriate conclusion of a medical expert commission; 8) dismissal by common accord; 9) dismissal because of appointment to another position or transfer to another job by the officer’s consent; 10) dismissal because of discrediting the name of an officer of the Special Investigations Service; 11) dismissal because of a negative performance appraisal during the probation period; 12) after disclosure of the circumstances referred to in Article 21 of this Law which were unknown during the admission of the officer to the Service; 13.) failure to come to work because of a temporary disability for more than 120 calendar days in succession or for more than 140 calendar days during the last 12 months, if the failure to come is not related to injury or a major injury during the performance of one’s duties; 14) following imposition of a disciplinary penalty - dismissal; 15) after the winding up or reorganisation of a unit of the Special Investigations Service if the officer does not consent to be transferred to a position offered to him; 16) for reasons of redundancy.
  103. Disputes related to the dismissal of officers shall be settled in the manner laid down by the Law on Administrative Proceedings.
  104. Other employees of the Special Investigations Service shall be appointed and dismissed in accordance with the principles and procedure laid down in the Law on the Civil Service. Article
  105. In-service Training of the Officers and other Employees of the Special Investigations Service
  106. In the manner prescribed by laws the Special Investigations Service may establish training centres for the officers and other employees. Officers shall be trained at scientific, educational and other institutions of Lithuania and foreign countries.
  107. During the period of in-service training the officer’s special length of service shall be retained and he shall be eligible for other social guarantees provided by this Law.] [INCENTIVES, MISCONDUCT IN OFFICE, PENALTIES AND RESPONSIBILITY Article
  108. Incentives and Awards to Officers of the Special Investigations Service
  109. Director of the Special Investigations Service may offer the following incentives to the officers for exemplary service: 1) a commendation; 2) a bonus; 3) an additional leave; 4) the emblem of the Special Investigations Service; 5) a personal gift; 6) a weapon engraved with the owner’s name.
  110. For outstanding merits in service officers shall be recommended for a state award.
  111. Incentives and awards shall be entered in the personal files of the officers and in the Register of Civil Servants. Article
  112. Disciplinary Penalties
  113. In the manner prescribed by this Law officers of the Special Investigations Service shall be imposed the following disciplinary penalties for misconduct in office: 1) a verbal warning; 2) a critical remark;
  114. a reprimand; 4) a severe reprimand; 5) demotion; 6) reduction of the basic salary by not more than 30 percent for a period from 1 month up to 1 year; 7) dismissal from office.
  115. Only one disciplinary penalty shall be imposed for one case of misconduct.
  116. A decision on imposition of a disciplinary penalty may be appealed against in the procedure laid down by the Law on Administrative Proceedings.
  117. Information about disciplinary penalties imposed on an officer of the Special Investigations Service , with the exception of verbal penalties, shall be recorded in the personal service file and the Register of Civil Servants. Article
  118. Serious Misdemeanours 1 A serious misdemeanour shall be a nonfeasance or misfeasance committed by an officer of the Special Investigations Service in violation of the person’s constitutional rights, in gross breach of law or official duties of an officer as specified in law.
  119. The list of serious misdemeanours shall be determined by the Law on the Civil Service. For officers of the Special Investigations Service the loss of a service firearm shall be viewed as a serious misdemeanour.
  120. Serious misdemeanours, with account of their causes, circumstances, consequences and the character record of the officer liable to penalty, shall be punishable by one of the following sanctions: 1) a serious reprimand; 2) demotion; 3) reduction of the basic salary for a period from 3 months up to one year but not more than by 30 per cent; 4) dismissal from office. Article
  121. Medium Misdemeanours
  122. A medium misdemeanour shall be omission to act by an officer of the Special Investigations Service or an improper discharge of his duties which results in a gross breach of the prescribed Service regulations.
  123. The list of medium misdemeanours shall be determined by the Law on the Civil Service. The loss of the badge or the authority card shall be regarded as a medium misdemeanour of an officer of the Special Investigations Service.
  124. The misdemeanours specified in this Article, with account of their causes, circumstances, consequences and the character record of the officer liable to penalty, shall be punishable by one of the following disciplinary sanctions: 1) a reprimand; 2) a severe reprimand; 3) demotion; 4) reduction of the basic salary for a period from 3 to 6 months but not more than by 20 per cent. Article
  125. Petty Misdemeanours
  126. Petty misdemeanours shall be actions or conduct by an officer of the Special Investigations Service involving a minor violation of the prescribed service regulations.
  127. With account of the causes of petty misdemeanours, their circumstances, consequences and the character record of the officer liable to penalty, one of the following disciplinary sanctions shall be imposed: 1) a verbal warning; 2) a critical remark; 3) a reprimand; 4) reduction of the basic salary for 1 month but not more than by 10 percent. Article
  128. Entities Investigating Misconduct in Office of Officers and the Procedure of Imposing Disciplinary Sanctions
  129. Director of the Special Investigations Service or persons authorised by him have the right to carry out investigation of misconduct in office by the officers.
  130. On suspicion of misconduct by Director of the Special Investigations Service the investigation shall be conducted by a commission formed by the Seimas of the Republic of Lithuania.
  131. The procedure of investigation of misdemeanours by the officers of the Special Investigations Service, imposition of sanctions and their expiration shall be determined by the Law on the Civil Service. Article
  132. Suspension from Duty of a Special Investigations Service Officer
  133. On suspicion of having committed a serious misdemeanour an officer of the Special Investigations Service may be suspended from duty pending the official investigation and adoption of an appropriate decision.
  134. During the official investigation Director of Special Investigations Service and his Deputies have the right to suspend the officer from duty. The President of the Republic, on the advice of a commission formed by the Seimas of the Republic of Lithuania, has the right to suspend Director of the Service from duty.
  135. During the suspension no remuneration for work shall be paid. Upon establishing that the officer has not committed misconduct in office he shall be reinstated in his position and shall be remunerated for the period during which he did not receive his salary because of the suspension. 4 The suspended officer of the Special Investigations Service shall turn in his authority card, the badge, the weapon and special equipment in the manner determined by Director of the Special Investigations Service.]

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