Official translation

Official translation Official translation REPUBLIC OF LITHUANIA LAW ON OPERATIONAL ACTIVITIES May 22, 1997, No VIII-222 Vilnius (Amended by December 20, 2000 No. IX - 102) Article I. The Objectives of the Law This Law regulates the legal principles of operational activities, their targets and operational entities, their rights and duties, the methods and means of operational activities, their principles and procedures, and the supervision, oversight, and funding of said activities. Article

1. Definitions As used in this Law:
2. Operational activities mean intelligence and counter-intelligence activities conducted by institutions authorised by the state to combat organised crime.
3. Targets of operational activities means crimes being planned or already committed, individuals engaged in planning crimes or individuals who have committed crimes, prostitution, drug abuse, vigorous actions of individuals engaged in planning crimes or persons who have committed a crime by neutralising operational activities or by infiltrating law enforcement, national defence, and other government institutions, and activities of foreign intelligence services.
4. Operations mean the use of facilities and methods of operational activities.
5. Facilities for operational activities mean special equipment and an operational record file.
6. Operational activities equipment means all technical means used in operational activities.
7. Special equipment means technical devices intended for monitoring by means of] electronic, telegraph, and other communications, wiretapping and recording of telephone conversations, for conducting stationary, audio, and visual surveillance of residential, administrative and other premises, as well as any means of transport, the use of which requires authorisation.
8. Use of special equipment means the installation, maintenance and dismantling of special equipment.
9. Operational record file means the data obtained during the process of operational activities about individuals, events, and other targets, which are intended to provide information to operational entities.
10. A method of operational activities means an intelligence interview, surveillance, verification, covert monitoring, monitoring of mail, electronic communications, use of agents, and electronic surveillance.
11. Operational investigation means the tactical form of operational activities covering operations.
12. Operational inquiry means the totality of operations not requiring authorisation, intended for obtaining, verifying and making use of the preliminary information about a crime.
13. Mode of conduct simulating a criminal act - means authorised acts exhibiting criminal characteristics aimed at protecting the key interests of the state, the public, or an individual. Article
14. The Legal Principles of Operational Activities
15. Operational entities shall be governed by the Constitution of the Republic of Lithuania, this Law, other laws of the Republic of Lithuania, Government decisions and legal acts of the Ministry of the Interior, the Ministry of National Defence, the State Security Department., Special Investigation Service, Customs Department at the Ministry of Finance and other legal acts. Article
16. The Principles of Operations
17. Probable cause for operations shall be preliminary information about a crime that is being planned or has already been committed against the state, about another major crime, about an individual who is planning or who has committed a crime, about an individual’s association with a criminal organisation, as well as about the activities of foreign intelligence services.
18. An operational investigation is conducted when: 1) the identity of an individual who is planning or has engaged in criminal activity has not yet been established; 2) preliminary verified information about an individual’s criminal activity is available; 3) preliminary verified information about an individual’s association with a criminal organisation is available; 4) data about the activities of foreign intelligence services is available; 5) the suspect, the defendant, or the convicted person goes into hiding.
19. Operations shall be discontinued if the information about a planned or committed crime against the state or some other major crime has not been corroborated, when the crime has been solved, when the information about an individual’s association with a criminal organisation has not been corroborated, when the suspect has been found or when the period of limitations under criminal law has expired.
20. Probable cause for operational inquiry shall be preliminary information about a planned or committed crime, an individual who planned or committed a crime, also about a missing person.
21. It shall be prohibited to conduct operational activities against the President of the Republic. Article
22. Operational Entities and Covert Participants of Operational Activities
23. The system of operational entities shall be comprised solely of State institutions with special State powers - divisions of the Ministry of National Defence, the Ministry of the Interior, the State Security Department, Special Investigation Service and Department of Customs at the Republic of Lithuania Ministry of Finance, which are assigned the operational function, and their staff is authorised to fulfil it. The list of said divisions shall be compiled and the extent of their operational rights shall be established by the Government, upon the recommendation of operational entities.
24. Covert participants of operational activities shall be members of the confidential full-time staff of the operational entities whose work for operational entities is encoded, and co-operating natural persons with whom operational entities have concluded a written or verbal agreement on confidential co-operation.
25. In performing operational activities falling within their competence, the operational entities shall co-operate with each other and provide assistance to each other. This co-operation shall be co-ordinated by the Prosecutor General or a Deputy Prosecutor General designated by him. Article
26. Assistance by Natural Persons in Operational Activities
27. Operational activities shall be based upon voluntary overt and covert assistance by natural persons. Active and effective assistance may be remunerated.
28. Those co-operating under an agreement shall be provided social guarantees established by the Government. Article
29. The Rights of the Operational Entities
30. If there is probable cause pursuant to item 3, paragraph 2 of Article 4 of this Law, and if the operational entities have received authorisation under Article 12 of this Law, they shall have the right to: 1) temporarily restrict ownership rights; 2) obligate a person and/or members of his family to declare their property and income; 3) obligate notaries and banks to report about a civil transaction or a bank operation concluded by a person.
31. If there is probable cause pursuant to paragraph 2 of Article 4 of this Law and if operational entities have received authorisation as provided in Articles 11 and 12 of this Law, they shall have the right to: 1) monitor the mail and electronic communications; 2) covertly monitor a person’s correspondence, telegraph and other communications, wiretap telephone conversations and make their recordings; 3) model conduct simulating a criminal act; 4) use special equipment; 5) covertly monitor residential premises.
32. Under the procedure established by the Government, the operational entities shall have the right to: 1) establish and use enterprises, institutions, and organisations supporting operational activities and providing conditions favourable for them; make use of registration marks and logos of enterprises, institutions and organisations; 2) establish contact with the targets of operational activities; 3) enter the premises of enterprises, institutions and organisations and inspect them, conduct tests and technological experiments, temporarily remove documents, take samples of materials, raw materials and products and other articles, without releasing information about it; 4) make use of information held by enterprises, institutions and organisations; 5) employ the services of specialists in ensuring operational activities, in studying processes, articles and documents; 6) use identification documents and their forms; 7) compile an operative record file and make use of it. Article
33. The Duties of the Operational Entities
34. The operational entities must: 1) collect, store, analyse and utilise the information relating to the targets of operational activities; 2) protect the rights and legitimate interests of the citizens of the Republic of Lithuania and other persons involved in operational activities, covert participants of operational activities, natural and legal persons assisting in operational activities; 3) protect persons from inducement against their will to commit criminal acts; 4) guarantee confidentiality and anonymity of co-operation; 5) maintain an operative record file of events, facts, articles, other sources of information, and of natural and legal persons.
35. The operational entities may use the information obtained in the course of operational activities only for the purpose of combating crime and only in the manner prescribed by the law of the Republic of Lithuania. Article
36. Supervision of the Legality of the Actions of Operations The legality of operations shall be supervised by the Prosecutor General of the Republic of Lithuania or one of the Deputies of the Prosecutor General designated by him. Article
37. The Procedure of Authorisation of the Covert Monitoring of Private Correspondence, Telegraph and Other Communications, Mail, and Electronic Communications, Wiretapping of Telephone Conversations, the Use of Special Equipment and the Covert Monitoring of Residential Premises Covert monitoring of private correspondence, telegraph and other communications, mail and electronic communications, wiretapping of telephone conversations, use of special equipment and covert monitoring of residential premises shall be authorised by chairmen of county courts and chairmen of the criminal divisions of those courts on the reasoned written request of the Prosecutor General or the Deputy Prosecutor General designated by him. The request shall contain: 1) the name, surname and position of the officer who submitted the request; 2) description of the target or the name and surname of the person with respect to whom operations shall be conducted; 3) facts warranting a request to employ the methods and facilities of operational activities; 4) listing of the means of communication in which special equipment will be installed; 5) proof that such information cannot be obtained through ordinary investigation; 6) estimated duration of the application of methods and facilities of operational activity; 7) the targeted objective.
38. The covert monitoring of private correspondence, telegraph and other communications, mail and electronic communications, wiretapping of telephone conversations, and use of special equipment shall be authorised for a period of no more than three months. This period may be extended upon its expiration.
39. Following the covert monitoring of residential premises, within 24 hours a report on the findings shall be forwarded to the Prosecutor General or the Deputy Prosecutor General designated by him.
40. The extension of the time period for the methods and facilities of operational activities stipulated in paragraph 2 of Article 10 and paragraph 2 of Article 11 of this Law shall be authorised according to the same procedure as the application of those methods and facilities. The number of extensions shall be unlimited, however, in each instance, an extension may be made for a period not longer than the period stipulated in paragraph 2 of Article 10 and paragraph 2 of Article 11 of this Law. Article
41. The Procedure of Authorisation of the Mode of Conduct Simulating a Criminal Act
42. The conduct simulating a criminal act shall be authorised by the Prosecutor General or the Deputy Prosecutor General designated by him on the reasoned written request by the operational entity. The request shall contain: 1) the surname and position of the officer who submitted the request; 2) the facts warranting a request to employ the mode of conduct simulating a criminal act; 3) the limits of concrete actions performed during the application of the mode of conduct simulating a criminal act in accordance with the appropriate article of the Criminal Code of the Republic of Lithuania; 4) information about the person, who will use the mode of conduct simulating a criminal act; 5) the targeted objective, indicating the interim and ultimate goals of the mode of conduct simulating a criminal act; 6) the anticipated duration of the mode of conduct simulating a criminal act.
43. The mode of conduct simulating a criminal act devised by an operational entity shall be authorised for a one-year period. It may be extended after the expiration of said term. Article
44. The Procedure of Authorisation of a Temporary Restriction of Ownership Rights, Obligation of an Individual and/or Members of His Family to Declare Property and Income, Obligation of Notaries and Banks to Communicate Information about a Civil Transaction or a Banking Operation Effected by an Individual, and the Mode of Conduct
45. A temporary restriction of ownership rights, obligation of an individual and/or his family members to declare property and income, obligation of notaries and banks to communicate information about a civil transaction or a banking operation effected by an individual shall be authorised by the Prosecutor General or the Deputy Prosecutor General designated by him on the reasoned request by the operational entity. The request shall contain: 1) the name, surname and position of the officer who has submitted the request; 2) the name and surname of the individual and, if necessary, of his family members to whom said measures shall be applied; 3) the facts corroborating the individual’s involvement in a criminal organisation; 4) the proposed duration of the application of the measures; 5) the anticipated objective.
46. A temporary restriction of the ownership rights shall be authorised for a period not exceeding 30 days. The property with respect to which the ownership rights have been temporarily restricted shall be attached pursuant to the provisions of paragraphs 2 and 3 of Article 195, Articles 197 and 198 of the Code of Criminal Procedure, and taken into custody by the operational entity. Following a temporary restriction of ownership rights to the funds in bank or other credit institution accounts, an individual may only perform such operations with said funds as are stipulated in the authorisation. The person shall be notified and shall sign the notice about the order restricting his property rights. He shall have the right to appeal against such a decision within 5 days.
47. Upon the imposition of the obligation on an individual and/or his family members to declare his and/or their property and income, the individual and/or his family members must submit, within 30 days, a property and income declaration to the local State Inspectorate.
48. Upon the imposition of the obligation on notaries and banks to report about a civil transaction or a banking operation concluded by an individual, the notaries and banks must without delay inform the designated operational entity about a civil transaction or a banking operation concluded by the individual. Article
49. The Use of Information
50. The information obtained in the course of operations may be disclosed during court proceedings upon prior authorisation by the Prosecutor General or the Deputy Prosecutor General designated by him. Use of information obtained in the course of operations for purposes other than those for which it was intended shall be prohibited.
51. The information obtained in the course of operations may be used as evidence in a criminal case in accordance with the instances and procedure established by the Criminal Procedure Code.
52. If in the course of proceedings, information about an individual obtained by means of special equipment is disclosed, the individual shall have the right to lodge a complaint and contest the use of said information in court, on the grounds that the information has been obtained illegally. In such instances the court shall have the right to disclose excerpts from a motivated request for obtaining authorisation that prove the legality of the authorisation. Article
53. Liability for Violations of Operational Activities
54. Officers and persons who have violated the Law on Operational Activities shall be liable pursuant to the Criminal Code of the Republic of Lithuania and other laws.
55. Activity of entities other than the operational entities, which requires authorisation of Chairman of a county court, Chairman of the criminal division of said court, of the Prosecutor General or a Deputy Prosecutor General designated by him, shall be prohibited and held liable in accordance with the laws of the Republic of Lithuania. Article
56. The Legal Protection of Covert Participants and Information of Operational Activities
57. In the event of danger to the life, health and property of the covert participants or members of their families, the operational entities shall employ all the measures necessary to protect their life, health, dignity and property.
58. If a person participating in operational activities breaches the confidentiality or anonymity of covert participants and information he shall be liable in accordance with the laws of the Republic of Lithuania. Article
59. Parliamentary Oversight At the opening of every ordinary session of the Seimas of the Republic of Lithuania, the Prosecutor General, the Chief Police Commissioner, Director General of the State Security Department, chief of the division of the Ministry of Defence in charge of operational activities and the Director of the Special Investigation Service shall submit to a special commission formed by the Legal Affairs Committee and the National Security Committee, reports which should indicate the number of all requests for authorisation for the use of methods and facilities of operational activities, the number of rejected requests, the number of granted requests and the number of extended requests. The Commission shall have the right to hear at their meetings explanations of the aforementioned officials concerning the results of the implementation of the Law on Operational Activities, the problems involved, the issues of legality and the use of funds assigned for operational activities. At the conclusion of every regular session of the Seimas, the Commission must report on the implementation of this Law. Article
60. Funding of Operational Activities Operational activities shall be funded from the state budget of the Republic of Lithuania according to budgets prepared by state institutions. The procedure of spending the funds assigned for operational activities shall be established by the operational entities. Article
61. Entry into Force of the Law
62. The Law on Operational Activities shall enter into force on June 10,
64. After entry into force of this Law, the Law of the Republic of Lithuania on Operational Activities (1992; 1996) and the Resolution of the Supreme Council of the Republic of Lithuania “On the Entry into Force of the Law of the Republic of Lithuania on Operational Activities”