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REPUBLIC OF LITHUANIA

REPUBLIC OF LITHUANIA REPUBLIC OF LITHUANIA COURT LAW PART ONE SYSTEM OF COURTS IN THE REPUBLIC OF LITHUANIA Article

  1. Courts in Lithuania
  2. In the Republic of Lithuania, justice shall be administered through district courts, area courts, the Court of Appeal of Lithuania, and the Supreme Court of Lithuania, all of which shall be formed in accordance with the State laws.
  3. The courts in the Republic of Lithuania shall act as independent juridical persons and shall possess a seal bearing the State Emblem. Article
  4. District Courts A district court shall consist of a chairperson, vice- chairpersons, and judges. The vice-chairpersons shall be appointed in a court of no less than six judges. Article
  5. Area Courts
  6. An area court shall consist of a chairperson, department chairpersons, and judges.
  7. An area court shall have a department of civil case and a department of criminal cases.
  8. The jurisdiction of area courts shall be established by law. Article
  9. The Court of Appeal of Lithuania
  10. The Court of Appeal of the Lithuanian Republic shall consist of a chairperson, department chairpersons, and judges.
  11. The Court of Appeal shall embody the department of civil cases and the department of criminal cases.
  12. The headquarters of the Court of Appeal shall be in Vilnius, the capital of Lithuania. Article
  13. The Supreme Court of Lithuania
  14. The Supreme Court shall consist of a chairperson, department chairpersons, and judges.
  15. The Supreme Court shall embody the department of civil cases, the department of criminal cases, and the Senate of Lithuanian judges.
  16. The headquarters of the Supreme Court shall be in Vilnius, the capital of Lithuania. Article
  17. The Number of Judges
  18. The number of judges in district and area courts and in the Court of Appeal shall be established by the Supreme Council of the Republic of Lithuania upon the proposal of the Chairperson of the Supreme Court and the Minister of Justice.
  19. The number of judges in the Supreme Court shall be established by the Supreme Council of the Republic of Lithuania in accordance with a proposal from the chairperson of the Supreme Court.
  20. A district court must have at least two judges. Part Two. Court Jurisdiction Article
  21. District Court Jurisdiction District courts shall be considered to be of first instance for: 1) civil cases; 2) criminal cases; 3) administrative cases; 4) cases connected with the execution of judgements or sentences; and 5) cases connected with the investigation or examination of actions of officials. Article
  22. Area Court Jurisdiction Area Courts shall be considered to be: 1) of first instance for civil cases which are attributed by law to their jurisdiction; 2) of first instance for criminal cases which are attributed by law to their jurisdiction; 3) of appeal instance for the judgements, sentences, decisions, and resolutions of the district courts; and 4) of cassation instance for the judgements, sentences, decisions and resolutions of the district courts, after they come into force. Article
  23. Jurisdiction of the Court of Appeal The Court of Appeal shall be considered to be of appeal instance for cases which were investigated by an area court as of first instance. Article
  24. Jurisdiction of the Supreme Court
  25. The Supreme Court shall be considered to be of cassation instance for the judgement, sentences, decisions and resolutions of the area courts after they come into force, as well as for cases of the Court of Appeal.
  26. The Supreme Court shall publish a periodical bulletin of the practice of the courts. Part Three. The Senate of Lithuanian Judges Article
  27. The Structure of the Senate
  28. The Senate of Lithuanian Judges shall consist of the chairperson of the Supreme Court, its departments chairpersons and judges, the chairperson of the Court of Appeal, and chairpersons of the area courts.
  29. The secretary of the Senate shall be selected from the judges of the Supreme Court by the Senate.
  30. The chairperson of the Supreme Court shall act as the chairperson of the Senate. Article
  31. The Jurisdiction of the Senate of Judges
  32. The Senate of Judges shall: 1) examine, on the request of the chairperson, the courts' practice and give recommendations on the application of laws; 2) investigate complaints concerning decisions of the Examination Committees of Judges and the Judges' Court of Honour. The decision of the Senate of Judges shall be final.
  33. The Minister of Justice and Procurator General shall have the right to propose that the chairperson of the Senate consider questions of the courts' practice, participate in the sessions of the Senate, and express his or her opinion on the issues being discussed. Article
  34. Sessions of the Senate of Judges
  35. Sessions of the Senate of Judges shall be called by the chairperson of the Senate no less than once every six months.
  36. The agenda of the session shall be announced and the drafts of documents shall be sent to the judges of the Senate, the Minister of Justice, and the Procurator General at least thirty days before the beginning of the session.
  37. Session shall be considered to be lawful if at least two thirds of the members of the Senate participate therein. Decisions shall be made by open ballot. Decisions shall be adopted by majority vote of the participants of the session.
  38. Resolutions of the Senate of Judges shall be signed by the Senate chairperson and secretary. Part Four. Judges and Court Candidates Article
  39. District Court Judges Persons may be nominated to district judge if they are at least 25 years old, are a citizen of the Republic of Lithuania, have higher juridical education, meet the physical and moral demands of the profession of judge, have practiced law as a court member or candidate for two years, and have passed the district judge examinations. Article
  40. Judges of Area Courts and the Court of Appeal District judges may be nominated to judge of an area court or the Court of Appeal if they have been practicing law as a judge, procurator, assistant procurator, lawyer, or state arbiter for at least three years and have passed the examinations for the area court or the Court of Appeal. Article
  41. Supreme Court Judges
  42. Judges of area courts or the Court of Appeal may be nominated to Supreme Court judge if they have been practicing law as a judge, procurator, lawyer, or state arbiter for at least five years and have passed the Supreme Court judge examinations.
  43. Citizens of the Republic of Lithuania may be nominated without examinations to Supreme Court judges if they have an academic law degree.
  44. In exceptional cases, district judges may be nominated to Supreme Court judge if they have practiced law as a judge for at least five years and have passed the Supreme Court judge examinations. Article
  45. Court Candidates
  46. Citizens of the Republic of Lithuania having higher juridical education may be nominated as court candidates.
  47. The Minister of Justice shall appoint a court candidate to work on probation for no more than two years at a district court.
  48. If a court candidate does not pass the district judge examinations, he or she shall be relieved of the post of candidate.
  49. Court candidates shall work on probation under the guidance of the court chairperson. The programme for probational work shall be confirmed by the Minister of Justice and the Supreme Court chairperson. Part Five. Judge Examinations Article
  50. Examination Committees of District Court Judges The examination committees of the district court judges shall be nominated in each area and shall consist of three area court judges according to an order of the Minister of Justice. Article
  51. The Examination Committee of Supreme Court, the Court of Appeal, and Area Court Judges The examination committee of the Supreme Court, the Court of Appeal, and area courts shall consist of three judges from the Supreme Court, who shall be appointed by order of the Supreme Court chairperson. Article
  52. Programme and Regulations for Judge Examinations The judge examination programme and regulations shall be confirmed by the Supreme Court chairperson and the Minister of Justice. Article
  53. Judge Examinations Examinations shall be taken: 1) by persons, before being nominated as candidates to a judge's post; 2) by judges, before being given a new assignment in an area court, the Court of Appeal, or the Supreme Court. Part Six. Appointment of Judges Article
  54. Appointment of District Court Judges
  55. Candidates to district court judge shall be selected by the Minister of Justice, primarily from the court candidates.
  56. District court judges shall be appointed by the Presidium of the Supreme Court of the Republic of Lithuania based on a presentation of the Minister of Justice and the conclusions of the examination committee.
  57. The Minister of Justice shall appoint district court judges to their working posts.
  58. The Minister of Justice shall appoint the court chairpersons and vice-chairpersons. Article
  59. Appointment of Area Court and the Court of Appeal Judges
  60. Judges of area courts and the Court of Appeal shall be selected by the Supreme Court chairperson in coordination with the Minister of Justice.
  61. Judges of area courts and the Court of Appeal shall be appointed by the Presidium of the Supreme Council of the Republic of Lithuania, based on a presentation of the Supreme Court chairperson and the conclusions of the examination committee.
  62. Judges nominated to the Court of Appeal shall be confirmed by the Supreme Council of the Republic of Lithuania. Article
  63. Appointment of the Supreme Court Chairperson and Department Chairpersons The Supreme Court chairperson and the department chairpersons shall be appointed by the Supreme Council of the Republic of Luithuania upon the proposal of the Chairperson of the Supreme Council. Article
  64. Appointment of Supreme Court Judges
  65. Judges of the Supreme Court shall be selected by the chairperson of the Supreme Court.
  66. Judges of the Supreme Courts shall be appointed by the Supreme Council of the Republic of Lithuania, based on a presentation of the Supreme Court chairperson and the conclusions of the judges examination committee. Article
  67. Term of Office The term of office for a judge in the Republic of Lithuania shall be five years. Upon the expiration of the term, judges may hold office: women - until the age of 60, men - until the age of
  68. Article
  69. The Transfer of District Court Judges to the Same Post in Another Court The Minister of Justice may transfer district court judges to the same post and status in another court upon their consent. Article
  70. Substitution of District Court Judges If a district court judge falls ill or if the judge is absent for another reason, the Minister of Justice may appoint a temporary substitute from a different district to fill this post. Part
  71. Court Chairpersons and their Assistants Article
  72. Court Chairpersons
  73. The chairperson of the court shall administer justice and guide the court.
  74. The chairperson, in examining cases, shall have the same rights and duties as the other court judges.
  75. The chairperson shall not have the right to influence the other judges in the administration of justice.
  76. In cases provided by law, the court chairpersons shall have the right to examine complaints concerning resolutions made by the judges in the general process. Article
  77. District Court Chairpersons The district court chairperson shall organize the work of the judges so that they have equal volumes of work, shall guide the court candidates, and shall hire and dismiss office employees and other officials. Article
  78. District Court Vice-Chairpersons
  79. The district court vice-chairperson shall administer justice and bear responsibility for the work which the district court chairpersons charges him or her with.
  80. The district court vice-chairperson, in examining cases, shall have the same rights and duties as the other court judges.
  81. The district court vice-chairperson shall not have the right to influence the other judges in the administration of justice. Article
  82. Chairpersons of Area Courts and the Court of Appeal The chairpersons of area courts and the Court of Appeal shall hire and dismiss office employees and other officials. Article
  83. Chairpersons of Area Courts, the Court of Appeal, and the Supreme Court The chairpersons of the area courts, the Court of Appeal, and the Supreme Court shall administer justice, distribute cases for the judges, and organise office work. Article
  84. The Supreme Court Chairperson The Supreme Court chairperson shall call the Senate of judges, and shall hire and dismiss office employees and other officials. Article
  85. Substitution of Court Chairpersons
  86. In the absence of the chairperson of an area court, the Court of Appeal, or the Supreme Court, the Presidium of the Supreme Council of the Republic of Lithuania shall charge one of the department chairpersons of the respective court with the office.
  87. In the absence of both the chairperson and vice- chairperson of a district court, the office shall temporarily be filled by a judge of the respective district court on the order of the Minister of Justice. Part
  88. The Oath and Distinguishing Symbols of Judges Article
  89. Symbols of Power of Judges and Courts
  90. In accordance with the procedure established by the Presidium of the Supreme Council of the Republic of Lithuania, the State Banner and State Emblem must be displayed in court rooms during sessions.
  91. The symbols of power of judges of the Republic of Lithuania shall be the mantle and the symbol bearing the State emblem.
  92. The Presidium of the Supreme Court of the Republic of Lithuania shall establish the sample of judges' symbols and certificates.
  93. In accordance with the procedure established by the Presidium of the Supreme Court of the Republic of Lithuania, lawyers and procurators shall wear judges' mantles during court sessions. Article
  94. The Judge's Oath
  95. Persons nominated to the post of judge must, before taking office, take an oath to the Supreme Council or the Presidium of the Supreme Court of the Republic of Lithuania which shall read as follows: "I, judge (name), swear allegiance to the Republic of Lithuania, swear to respect its Constitution and laws, to defend human rights, freedom, and legal interests, to always act honourably and humanely, and to never let my behaviour damage the title of Judge. So help me God." The last line may be omitted from the oath.
  96. Judges must sign the text of the oath, which shall be kept in their personal file.
  97. The oath shall be valid during the judge's entire term of service in the Lithuanian courts.
  98. Persons nominated as judge who have not taken the oath shall not have the right to take office. Part
  99. Independence of the Judge and Court Article
  100. Independence of the Judge
  101. Judges and courts administering justice shall be independent in obeying the law and their own conscience, and shall be responsible to the Supreme Council of the Republic of Lithuania.
  102. In making decisions, the court shall observe only the laws which do not contradict the Constitution of the Republic of Lithuania, as well as the resolutions and orders of the Government which do not contradict the laws, and other standard acts which do not contradict the laws or the resolutions and orders of the Government.
  103. Interference of State authorities or institutions, political parties, public organizations or movements, officials, or other persons in the work of judges of courts shall be prohibited and shall ensue juridical responsibility as established by law.
  104. Meetings, pickets and other actions which are carried out in court or within the progibited boundary established by law around the court with the aim of influencing the judges or jury shall be considered interference with the work of the judges or jury. Article
  105. The Inviolability of the Judge
  106. Judges may not be arrested or prosecuted without special permission from the Supreme Council or the Presidium of the Supreme Council of the Republic of Lithuania.
  107. Criminal actions may only be brought against judges with the permission of the Procurator's General.
  108. Upon being charged with a criminal action, judges shall have their powers termintated by the Supreme Council or the Presidium of the Supreme Council of the Republic of Lithuania, based on a presentation of the Procurator General.
  109. Administrative actions may not be brought against judges. If a judge breaks the administrative law, evidence against the judge shall be passed on to the Minister of Justice or the chairperson of the Supreme Court in order to bring a disciplinary case against the judge. Article
  110. Obligation of Requirements of Judges The requirements of judges when they are administering justice are obligatory for every physical and juridical person. Violation of the requirements shall ensue juridical responsibility. Article
  111. The Depolitization of Judges
  112. Persons nominated as judges must stop their activities and membership in all political parties, social-political movements, and other political organization.
  113. Judges may join together into associations of lawyers or judges. Article
  114. Restrictions on the Work of Judges Outside of Court Judges shall not have the right to hold more than one job, with the exeption of pedagogical and scientific work. Part
  115. Social Guarantees for Judges Article
  116. Pensions for Judges The laws of the Republic of Lithuania shall guarantee pensions for judges. Article
  117. Housing Accomadations for Judges
  118. Judges shall be provided with apartments in accordance with the state laws of the Republic of Lithuania.
  119. Persons nominated as judges and appointed in a place where they do not have housing shall, in accordance with the procedure established by the Government, be provided with an official apartment or shall receive rent compensation if they are renting living space in a building which is not the property of the local government. Article
  120. Judges' Vacations The vacation time of judges shall be established by the laws of the Republic of Lithuania. Article
  121. Wages and Other Social Guarantees for Judges
  122. Judges' wages and bonuses shall be established by the Presidium of the Supreme Council of the Republic of Lithuania.
  123. Accident insurance and other social guarantees for judges shall be esablished by the laws of the Republic of Lithuania. Part
  124. Dismissal, Recall and Disciplinary Responsibility of Judges Article
  125. Dismissal of Judges The Supreme Council or the Presidium of the Supreme Council of the Republic of Lithuania shall have the right to dimiss a judge based on a presentation from the Minister of Justice or the Supreme Court chairperson if the judge: 1) is ill; 2) takes a new office or is tranferred to another job on his or her own consent; 3) so desires; 4) reaches the age indicated in Article
  126. Article
  127. Recalling a Judge
  128. A judge may be recalled if his or her behavior damaged the title of judge or if a sentence with which he or she is charged comes into force.
  129. The Supreme Council or the Presidium of the Supreme Council of the Republic of Lithuania shall have the right to recall a judge on the grounds of a presentation from the Minister of Justice or the Supreme Court chairperson. Article
  130. The Court of Honour of Judges
  131. The Presidium of the Supreme Council of the Republic of Lithuania shall form the Court of Honour consisting of five Supreme Court judges as presented by the Supreme Court chairperson.
  132. The Supreme Court chairperson and the department chairpersons shall not have the right to be members of the Court of Honour.
  133. The Court of Honour shall be one for all of the judges of the Republic of Lithuania.
  134. The Court of Honour shall examine disciplinary suits in accordance with the present law and the Court of Honour regulations, which shall be confirmed by the Supreme Council of the Republic of Lithuania. Article
  135. Disciplinary Responsibility of Judges
  136. A judge shall be responsible for: 1) carelessness of duties; 2) official fault that may damage the authority of a judge; 3) behaviour which marrs the title of a judge; and 4) administrative fault.
  137. Abolishment of a verdict, sentence, decision or resolution of the court cannot serve as a basis for bringing a disciplinary action against a judge.
  138. The Supreme Court chairpersons shall have the right to bring a disciplinary suit against a judge for the above mentioned faults.
  139. A disciplinary action against a district judge may be brought by the Minister of Justice. Article
  140. Imposition of Fines
  141. Upon examining a disciplinary suit against a judge, the Court of Honour may: 1) declare a reproof; 2) declare an official reprimand; 3) declare a severe reprimand; or 4) propose a recall.
  142. The Court of Honour has the power to: 1) acquit a judge; 2) confine itself to the hearing of the case; and 3) cancel a case if the reason for its examination has passed.
  143. A judge may appeal against a resolution of the Court of Honour to the Senate of Judges within ten days of its adoption. Part
  144. The Main Principles of Court Activities Article
  145. Justice Shall be Administered Solely by the Court
  146. In the Republic of Lithuania, only the above mentioned courts shall have the right to administer justice, and shall pass judgements and sentences in the name of the Republic of Lithuania.
  147. The courts of emergency powers shall not have the right to be formed in the Republic of Lithuania. Article
  148. Equality before the Law In the Republic of Lithuania, all legal and natural persons shall be equal before the law and court, regardless of their social or material position, duties, party membership, origin, race, nationality, religion, beliefs, education, occupation, or other conditions. Article
  149. Right to Court Defence
  150. Al citizens of the Republic of Lithuania shall have the right to court defence for enchroachment on their life or health, personal liberty, private property, personal honor or dignity, and other rights and liberties which are guaranteed by the Constitution, as well as for the illegal actions of state powers, institutions or officials.
  151. Foreign citizens and persons without citizenship shall have the same right to court defence as citizens of the Republic of Lithuania.
  152. Legal persons shall also have the right to court defence. Article
  153. Presumption of Innocence A person shall be considered innocent until a verdict confirming his or her guilt comes into force. Article
  154. The Right to Defence and Juridical Help
  155. The right to defence shall be guaranteed both for persons suspected of having committed a crime and for persons who have been accused from the very beginning of the investigation as well as in court.
  156. In criminal cases, lawyers shall ensure the defence while in civil or administrative cases other persons approved by law shall render juridical aid together with the lawyers. Article
  157. The Contending Principle and Publicity of the Court Process
  158. Cases shall be investigated in courts publicly and in accordance with the law.
  159. In situations defined by law, cases shall be investigated at closed meetings, although the verdict or resolution adopted shall nevertheless be partially made public. Article
  160. Language of the Court
  161. The language of the court shall be Lithuanian.
  162. The court shall guarantee the service of an interpreter for those persons who do not speak the Lithuanian language. Part
  163. Investigation of a Case in Court Article
  164. Investigation of Cases in District Courts In district courts, the judge shall investigate cases alone. Article
  165. Investigation of Cases in Area Courts, the Court of Appeal, and the Supreme Court In area courts, the Court of Appeal and the Supreme Court all cases, including cassation, shall be investigated by a board of three judges who shall be appointed by the chairperson of the respective court or department. Article
  166. Participation of the Procurator The Procurator General of the Republic of Lithuania and procurators subordinate to him or her shall have the right to participate in the investigation processes in all Lithuanian courts. The procurators' rights shall be defined by law. Article
  167. Record of Court Proceedings
  168. Court proceedings shall be recorded by the court secretary, who shall be an official of the office of the court.
  169. The records shall be signed by the judge (board chairperson) and the secretary. Authenticity of the record shall be testified by persons who gave evidence or explanations as well as by other trial participants in accordance with the procedure established by law.
  170. Before taking office, the court secretary shall sign an official engagement, the content and form of which shall be approved by the Minister of Justice. Part
  171. Work Conditions in Court Article
  172. Court Work Guarantees
  173. The proper work conditions in courts shall be ensured by the State.
  174. The activities of district and area courts and the Court of Appeal shall be ensured by the Minister of Justice in accordance with the principle of independence of courts and judges as established by this law.
  175. The activities of the Supreme Court as well as its technical provision shall be ensured by the corresponding departments of the Supreme Council of the Republic of Lithuania in accordance with the principle of independence of courts and judges.
  176. The Minister of Justice shall control the court work statistics. Article
  177. Court Office
  178. Every court shall have an office which shall help to regulate the court work. The constituent body of the office is the archives.
  179. Work in the office shall be organized by the head of the office.
  180. The work of the office and archives as well as statistics control in the district or area courts and the Court of Appeal shall be regulated by the instructions confirmed by the Minister of Justice.
  181. The office work of the Supreme Court shall be regulated by the instructions confirmed by the chairperson of the Supreme Court. Article
  182. Court Work Control and Financial Activity The work of the district and area courts and the Court of Appeal as well as their financial activities (except administering justice) shall be controlled and revised by the Ministry of Justice, while the activities of the Supreme Court -- by the Supreme Council of the Republic of Lithuania. Part
  183. Court Bailiff Article
  184. Process of Execution
  185. Court resolutions and other decisions approved by law shall be carried out by a district court bailiff.
  186. The request of the court bailiff during the process of execution shall be obligatory for all physical and juridical persons in the Republic of Lithuania.
  187. In the process of Execution, the court bailiff shall be guided by laws and instructions confirmed by the Minister of Justice. Article
  188. Court Bailiff
  189. A person who is at least 23 years old, is a citizen of the Republic of Lithuania, has, as a rule, higher or secondary juridical education, and has passed the court bailiff's examinations may be nominated as court bailiff.
  190. The Minister of Justice shall have the right to hire or dismiss bailiffs and regulate their number in judicial bodies. Article
  191. Senior Court Bailiff
  192. If there are two or more bailiffs in a court, one of them shall be appointed by the Minister of Justice as senior bailiff.
  193. If there is only one bailiff in a court, he or she shall be considered the senior bailiff.
  194. Senior bailiffs shall organize and control the activities of other bailiffs, carry out execution work, run the bailiff office, and hire and dismiss office employees. Article
  195. Court Bailiff Examinations The examination program shall be confirmed and the examination committee shall be formed by the Minister of Justice, selecting people from the Ministry officials and court bailiffs. Article
  196. Responsibility of Court Bailiffs
  197. Court bailiffs shall be responsible for the material damage which is caused by their fault. For this reason, the Ministry of Justice and the bailiff shall sign an agreement on the bailiff's full material responsibility.
  198. The activities of court bailiffs shall be controlled by the Minister of Justice while their financial activities shall be controlled by the State Tax inspection. Article
  199. Protection of Court Bailiffs
  200. Court bailiffs shall be protected by law.
  201. Court bailiffs shall be guaranteed police assistance if they are resisted while fulfilling their duties. Article
  202. Complaints Concerning the Actions of Bailiffs Complaints concerning a bailiff's actions while fulfilling his or her duties shall be examined in court in accordance with the established procedure. Article
  203. The Court Bailiff Uniform
  204. Court bailiffs shall have a uniform approbated by the Minister of Justice.
  205. While fulfilling their duties, court bailiffs must wear the court bailiff uniform. Article
  206. The Office of Court Bailiffs
  207. The court bailiff's office shall be attached to the court and shall act as a legal person.
  208. The office shall consist of a senior bailiff, court bailiffs and clerks.
  209. The court bailiff office shall have its own deposit account in the State Bank. Vytautas Landsbergis President Supreme Council Republic of Lithuania Vilnius 6 February 1992 No.I-2273

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