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REPUBLIC OF LITHUANIA REPUBLIC OF LITHUANIA LAW ON THE PROSECUTOR'

Chapter 1

The Prosecutor'

, its Responsibilities and Functions 1. The prosecutor'

of the Republic of Lithuania, as the aggregate of prosecutors and investigators, is an independent component of the judiciary. The prosecutor'

, functioning at the court of law and representing the State, shall assist, in accordance with the procedure established by law, in the administration of justice and shall seek to ensure lawfulness. 2. The prosecutor'

shall: 1) initiate and conduct criminal prosecution; 2) control the activities of the agencies of preliminary inquiry; 3) conduct preliminary investigation; 4) pursue a public charge; 5) control the execution of a sentence; 6) coordinate the actions of the agencies of preliminary inquiry and preliminary investigation directed against crime; and 7) defending, in the manner established by law, the lawful interests of the State and the violated rights of persons, prepare material for instituting civil proceedings in a law court and participate during the examination of the case in court. Article 2. Legal Framework and Basic Principles of Activities of the Prosecutor'

1. The prosecutor'

shall act in compliance with the Constitution and laws of the Republic of Lithuania, this Law, international treaties and agreements, the Statute of Service in the Prosecutor'

of the Republic of Lithuania, and other standard acts. 2. Officers of the prosecutor'

shall make decisions with undivided authority, adhering to the principle of presumption of innocence and citizens' equality before law, irrespective of their social and property status, official duties, party membership, origin, race and nationality, language, education, religion and occupation. 3. The prosecutor'

shall inform the public of its activities. Article 3. Mandatoriness of Demands of Officers of the Prosecutor'

1. Lawful demands of officers of the prosecutor'

shall be mandatory to all persons. 2. Officers and citizens shall be liable under law for non- compliance with the demands. Chapter 2 Independence and Immunity of Officers of the Prosecutor'

Article 4

. Independence of Officers of the Prosecutor'

1. In executing their powers, officers of the prosecutor'

shall be independent and shall observe only the law. 2. The institutions of state power and government and their respective officers, as well as political parties, public organisations and movements, and the mass media shall be prohibited from interfering with the work of the prosecutor'

during the investigation of cases and discharge of other functions of the prosecutor'

. 3. It shall be prohibited to hold meetings, pickets and other actions inside the premises of the prosecutor'

as well as within a distance closer than that prescribed by the Law on Meetings of the Republic of Lithuania. 4. It shall be permitted to use cameras, make video or audio recordings in the prosecutor'

only with the consent of the head of the appropriate prosecutor'

or its structural division. 5. Attempts to influence an officer of the prosecutor'

with the aim of inducing him to adopt an unlawful decision shall be considered as interference with the activities of the prosecutor'

and shall incur liability under law. Article 5. Lodging a Complaint against the Actions of Officers of the Prosecutor'

A complaint may be lodged with the superior prosecutor or, in the manner established by law, with a court against the actions of an officer of the prosecutor'

or his failure to act. Article 6. Depolitisation of Officers of the Prosecutor'

An officer of the prosecutor'

may not participate in the activities of political parties or political organisations, and must observe the principle of political neutrality in his work. Article 7. Limitations on Outside Employment of Officers of the Prosecutor'

An officer of the prosecutor'

may not take up other elective or appointive duties, or be employed in business, commercial or other private institutions or enterprises. Also, he may not receive any remuneration other than the salary of the officer of the prosecutor'

and payment for educational or creative work. Article 8. Immunity of Officers of the Prosecutor'

1. Only the Prosecutor General of the Republic of Lithuania or the court (judges) may institute a criminal action against an officer of the prosecutor'

. 2. Administrative action may not be brought against an officer of the prosecutor'

. If an officer of the prosecutor'

commits an administrative violation, the matter shall be referred to the Prosecutor General for bringing a disciplinary action against the officer. 3. An officer of the prosecutor'

shall not be liable by way of his property if material damage is inflicted on a person by reason of an erroneous decision adopted in a case or in matters of the pre-trial investigation, with the exception of cases where the damage is inflicted by criminal actions of the officer of the prosecutor'

which have been recognised as such by a court sentence. Article 9. Means of Personal Defence of Officers of the Prosecutor'

1. Officers of the prosecutor'

, as well as on the decision of the Prosecutor General, other employees of the prosecutor'

shall be granted the right to possess, carry, keep and use service firearms and special means of defence. 2. The procedure of issue, keeping and preservation of firearms and special means of defence, and the grounds for the use thereof shall be regulated by the Statute of Service in the Prosecutor'

of the Republic of Lithuania. Chapter 3 The System of the Prosecutor'

Article 10

. The System of the Prosecutor'

of the Republic of Lithuania All prosecutors of the Republic of Lithuania and other officers of the prosecutor'

shall belong to a uniform centralised system of the prosecutor'

which shall consist of: 1) the Office of the Prosecutor General at the Supreme Court of Lithuania; 2) area prosecutor'

s at the area courts; and 3) district prosecutor'

s at the district courts. Article

1. The Prosecutor General of the Republic of Lithuania
2. The Prosecutor General of the Republic of Lithuania shall direct and control the activities of all prosecutor'

s, and shall determine the internal structure of prosecutor'

s and the list of staff. 2. Directives and instructions of the Prosecutor General shall be mandatory to all officers of the prosecutor'

. He shall have the right to revoke acts of response by all officers of the prosecutor'

who are subordinate to him, and to annul those decisions of the said officers which are not in compliance with law.

1. The Prosecutor General shall be appointed for the term of seven years and shall be removed from office by the President of the Republic.
2. The Prosecutor General may be removed from office in accordance with the procedure established by law in the following cases: 1) at his own will; 2) upon the expiry of the term of his powers; 3) for reasons of health; 4) upon reaching 65 years of age or by reason of retirement; 5) upon being elected to another office or upon voluntary transference to another post; 6) if by his action he discredits the prosecutor's name; 7) if judgement of conviction passed on him by court comes into force.
3. Deputies of the Prosecutor General shall be appointed and removed from office by the President of the Republic on the nomination of the Prosecutor General. Article
4. Office of the Prosecutor General of the Republic of Lithuania
5. The Office of the Prosecutor General of the Republic of Lithuania shall consist of departments, boards, divisions and groups.
6. Structural divisions shall be headed by chief prosecutors or other officers.
7. The Office of the Prosecutor General shall direct territorial prosecutor'

s and control their activities. Article 13. The College of the Prosecutor'

of the Republic of Lithuania 1. The College - an institution advising to the Prosecutor General, shall be formed at the prosecutor'

of the Republic of Lithuania. 2. The College shall consider the most significant issues relative to the organisation and activities of the prosecutor'

.

1. The procedure for forming the College and the scope of its activities shall be established in the rules of procedure approved by the Prosecutor General. Article
2. Territorial Prosecutor'

s 1. The Prosecutor General shall establish area and district prosecutor'

s and determine their competence. The above prosecutor'

s shall be headed by area and district chief prosecutors. 2. Area chief prosecutors shall control the activities of district prosecutor'

s in accordance with the procedure established by law and the Prosecutor General. Article 15. Powers of Officers of the Prosecutor'

in the Territory of the Republic of Lithuania

1. Officers of the office of the Prosecutor General shall fulfil in the entire territory of the Republic of Lithuania the powers that are within their competence as established by the Prosecutor General.
2. Officers of area and district prosecutor'

s shall fulfil the powers within their competence in the territory of the area or district assigned to them and corresponding to the territory of the respective court of justice. 3. On the instruction of the Prosecutor General officers of the prosecutor'

may also perform the functions of the prosecutor in another territory or town. Chapter 4 Service in the Prosecutor'

Article 16

. Organisation of Service The service of officers of the prosecutor'

shall be organised on the basis of statutory discipline. The terms and procedure of service shall be established by the Statute of Service in the Prosecutor'

of the Republic of Lithuania approved by law. Article 17. Officers of the Prosecutor'

1. Officers of the prosecutor'

shall be prosecutors of all levels and their deputies, investigators and their deputies.

1. Deputy prosecutors, as well as, in accordance with the procedure established by the procedural criminal law, investigators shall have the procedural powers of prosecutors.
2. Deputy prosecutors and deputy investigators shall be delegated to perform individual actions of investigation, interrogation or operative activities. Article
3. Appointment and Dismissal of Officers of the Prosecutor'

1. Officers of the prosecutor'

shall be appointed and dismissed by the Prosecutor General of the Republic of Lithuania. They shall be public officials. 2. The employment and dismissal from service of officers of the prosecutor'

shall be regulated by the Statute of Service in the Prosecutor'

of the Republic of Lithuania. Article 19. Removal from Office of Officers of the Prosecutor'

Upon committing a gross violation of official duties or office-related crime, in cases covered by, and according to the procedure established by the Statute of Service in the Prosecutor'

of the Republic of Lithuania, an officer of the prosecutor'

may be suspended from duty on the order of the Prosecutor General until the passing of a relevant decision. Article 20. Requirements Set for the Officers of the Prosecutor'

1. Citizens of the Republic of Lithuania, who have command of the State language and possess the educational and physical qualifications, and moral qualities necessary for the profession, may be appointed officers of the prosecutor'

.

1. The Prosecutor General or his deputies, chief prosecutors and their deputies, prosecutors of divisions of the Office of the Prosecutor General and investigators may be persons who have been trained in law.
2. Persons who are 35 years of age and over and who have served for at least 10 years as prosecutors or investigators or judges may be appointed as the Prosecutor General or his deputy.
3. Persons who have served for at least 3 years as prosecutors, investigators or judges may be appointed as chief prosecutors.
4. Persons who have no practical experience of work in the legal profession shall undergo a one-year probationary work period as officers of the prosecutor'

. Article 21. The Oath of the Officer of the Prosecutor'

1. Officers of the prosecutor'

of the Republic of Lithuania shall take the following oath to the State of Lithuania: "I, officer of the prosecutor'

(name, surname), do swear to preserve loyalty to the Republic of Lithuania, to implement the Constitution and other laws of the Republic of Lithuania, to spare no effort to stamp out crime and other violations of law, to conscientiously fulfil my duties and to never discredit the name of officer of the prosecutor'

. So help me God!" The last sentence may be omitted from the oath. 2. The President of the Republic shall administer the oath to the Prosecutor General and his deputies, whereas other officers of the prosecutor'

shall be put on oath by the Prosecutor General of the Republic of Lithuania in accordance with the procedure established by the Statute of Service in the Prosecutor'

of the Republic of Lithuania. 3. Officers who refuse to take the oath shall not be employed in the prosecutor'

of the Republic of Lithuania. Article 22. Ranks and the Official Vestment of the Officers of the Prosecutor'

1. Ranks shall be given to officers of the prosecutor'

of the Republic of Lithuania taking into consideration their official duties and length of service.

1. During court proceedings prosecutors shall wear a robe with an insignia bearing the emblem of the State of Lithuania When exercising other duties, the prosecutors shall wear vestments with distinguishing insignia.
2. The prosecutors' model insignia shall be approved by the President of the Republic. The procedure for giving ranks, and the issue and wearing of official vestments shall be established by the Statute of Service in the Prosecutor'

of the Republic of Lithuania. Article 23. Associations of Officers of the Prosecutor'

Officers of the prosecutor'

may form associations for satisfying their cultural and social requirements. Article 24. Prohibition of Strikes Officers of the prosecutor'

shall be prohibited from striking. Chapter 5 Competence, Rights and Duties of the Prosecutors and Investigators Article

1. Conducting Criminal Prosecution The prosecutor shall commence criminal prosecution in the manner prescribed by the law on criminal procedure, in the course of criminal investigation he shall conduct acts of prosecution and, if there is sufficient grounds, shall refer the case to court. Article
2. Control over the Activities of the Bodies of Investigation
3. The prosecutor shall, in the manner prescribed by the law on criminal procedure and other laws, control and direct investigation seeking that the bodies of investigation undertake, strictly in compliance with the requirements established by laws, all possible search and procedural actions in order to determine the identity of the person who committed a crime with regard to whom the prosecutor may instigate criminal prosecution. The prosecutor may himself conduct investigation of any crime.
4. For the violations of law as well as for the noncompliance with the prosecutor's instructions the prosecutor who directs the investigation may suspend the investigator from the investigation of a certain crime or request that he be removed from office or that another disciplinary penalty be applied to the investigator.
5. The prosecutor's request to take a disciplinary action against the investigator must be considered and the prosecutor must be notified in writing of the adopted decision within 15 days of the receipt of the request. Article
6. Preliminary Investigation
7. Preliminary investigation shall be conducted by investigators in the manner prescribed by the law on criminal procedure.
8. The prosecutor may himself conduct the investigation with regard to any crime. Article
9. Pursuing Charges on Behalf of the State
10. The prosecutor shall pursue charges on behalf of the state in the manner prescribed by the law on criminal procedure in the court of first instance, court of appellate jurisdiction and court of cassation.
11. The prosecutor must appeal against unlawful or unjustified court sentences, rulings and decisions.
12. A senior prosecutor must appeal against the unlawful or unjustified court sentences, rulings or decisions which have not been appealed against by the prosecutor subordinate to him as well as nullify, in accordance with the procedure established by the Prosecutor General, an unjustified appeal lodged by a prosecutor in subordinate position. Article
13. Control over the Execution of Sentences The prosecutor shall control in the manner established by law that sentences which come into force be timely referred for execution and carried out, shall participate in court sittings on the issues concerning the changing of the term and conditions of punishment imposed on the convicted persons. Article
14. Coordination of Actions against Crime
15. The Prosecutor General of the Republic of Lithuania, chief prosecutors of territorial prosecutor'

s shall coordinate the actions against crime of the bodies of preliminary inquiry and preliminary investigation in the cases where the necessity of joint actions in the work arises.

1. For the coordination of actions the prosecutor shall call meetings to which the heads of other interested institutions may also be invited.
2. The prosecutor shall have the right to request that the heads of bodies of preliminary inquiry and preliminary investigation present information concerning the implementation of coordinated actions and decisions. Article
3. Protection of Legitimate Interests of the State and Violated Rights of Persons
4. Upon receiving an application or other information concerning violations of legitimate interests of the state or civil rights of persons, the prosecutor shall, in accordance with the procedure established by law, prepare material for instituting a civil action in court in the event of violation of: 1) interests of legally incapable persons or persons with limited capability, or disabled persons, or minors or other persons who have limited possibilities to protect their rights; or 2) proprietary interests and other legitimate interests of the state, while the officials who must defend the said interests failed to take any actions to eliminate the violations.
5. If examination of the application specified in Par.1 hereof is within the jurisdiction of other institutions, the application shall be referred to that institution in accordance with the jurisdiction. Article
6. The Rights and Duties of the Prosecutor in Preparing Material for Instituting Civil Proceedings in Court and Participating in the Hearing
7. When preparing material for instituting civil proceedings in court, the prosecutor shall have the right to: 1) request that bodies of state administration and subordinate institutions, state controlled bodies, local governments, enterprises, institutions, organisations and banks as well as parties and public organisations present standard and other legal acts, documents and other information; 2) to charge heads and other officers of bodies of state administration and state control, enterprises, institutions and organisations to carry out checks, audits, expert examinations and to present findings; 3) to summon citizens and officers and receive their explanations concerning violations of law; and 4) as necessary, perform direct in situ investigation of the circumstances of violations of civil interest specified in the applications.
8. Upon establishing violations of law, the prosecutor, taking into account the character of the violations, must: 1) in the manner established by the law on civil procedure bring actions and file applications in court; and 2) participate in civil proceedings initiated on the prosecutor's initiative, appeal against unlawful or unjustified judgements, decisions or rulings of the court passed in the said cases. Article
9. Other Rights and Duties of the Prosecutor
10. The Prosecutor General of the Republic of Lithuania shall be entitled to: 1) participate in the sessions of the Seimas of the Republic of Lithuania and meetings of the Government of the Republic of Lithuania; 2) to propose to the chairman of the Senate of Judges the examination of issues concerning the application of laws in the judicial practice, participate in the sittings of the Senate of Judges and express there his opinion on the issues under discussion.
11. Prosecutors shall have the right to attend the sessions of the local government Councils and their executive bodies. Chapter 6 Acts of Response of the Prosecutor Article
12. Acts of Response of the Prosecutor When investigating and examining criminal and civil cases regarding legal violations, prosecutors shall respond in the manner prescribed by the law on criminal procedure and the law on civil procedure. Chapter 7 Social Guarantees of the Officers of the Prosecutor'

Article 35

. Remuneration of Officers of the Prosecutor'

The procedure and terms and conditions of remuneration for the officers of the prosecutor'

shall be established by the laws of the Republic of Lithuania. Article 36. Pensions of Officers of the Prosecutor'

Pensionary maintenance of officers of the prosecutor'

shall be regulated by the laws of the Republic of Lithuania. Article 37. Provision of Officers of the Prosecutor'

with Housing Accommodation Officers of the prosecutor'

who have no accommodation in the place of their assignment shall be provided with official housing accommodation in accordance with the procedure established by law. The officer's expenses related to the payment of rent shall be reimbursed in the manner prescribed by the Government of the Republic of Lithuania until he is provided with official housing accommodation or until he provides himself with accommodation. Article 38. Holidays of Officers of the Prosecutor'

Holidays shall be granted to the officers of the prosecutor'

in accordance with the procedure established by the Law on Holidays of the Republic of Lithuania. Article. 39. Other Social Guarantees of the Officers of the Prosecutor'

Other social guarantees of the officers of the prosecutor'

shall be established by the laws of the Republic of Lithuania. Article 40. Divestiture of Social Guarantees of Officers of the Prosecutor'

The officers of the prosecutor'

who are removed from office for the committing of gross violations of official duties or crimes shall be divested of the right to social guarantees provided for by Article 36 of this Law. Chapter 8 Financing and Supply of Materials for the Prosecutor'

Article 41

. Financing of the Prosecutor'

1. The prosecutor'

of the Republic of Lithuania shall be financed from the State budget and shall have a separate budget of expenditure. 2. The expenditures of the prosecutor'

of the Republic of Lithuania shall be approved by the Seimas of the Republic of Lithuania. Article 42. Supply of Materials for the Prosecutor'

The Government of the Republic of Lithuania and executive bodies of local governments shall provide the prosecutor'

s with office premises and facilities for communications, and shall guarantee the supply of other materials. Chapter 9 Final Provisions Article 43. Improvement of Qualifications of the Officers and Specialists of the Prosecutor'

, Publications The Office of the Prosecutor General of the Republic of Lithuania may establish institutions for the improvement of qualifications of officers and specialists of the prosecutor'

and publish special publications. Article 44. International Links of the Prosecutor'

The prosecutor'

of the Republic of Lithuania shall maintain links with the prosecutor'

s and other law enforcement institutions of other states. Article 45. Entry into Force of the Law of the Republic of Lithuania on the Prosecutor'

1. The Law of the Republic of Lithuania on the Prosecutor'

shall enter into force as of 1st January

2. The procedure for reforming the prosecutor'

of the Republic of Lithuania shall be established by the Law of the Republic of Lithuania "On the Procedure of Entry into Force of the Law of the Republic of Lithuania on the Prosecutor'

." I promulgate this Law passed by the Seimas of the Republic of Lithuania President of the Republic Algirdas Brazauskas Vilnius 13 October 1994 No. I-599