Redagavo: Ramunė Lūžaitė (1997.03.17)

Redagavo: Ramunė Lūžaitė (1997.03.17) Translated from Lithuanian REPUBLIC OF LITHUANIA LAW ON THE PUBLIC PROSECUTOR'S OFFICE 13 October 1994 – No I-599 Vilnius (New version of the Law as of 1 May 2003) (As last amended on 27 May 2010 – No XI-855) SECTION ONE GENERAL PROVISIONS Article

Purpose of the Law The Law of the Republic of Lithuania on the Public Prosecutor's Office shall establish the status, functions, structure, basic principles and control of the activities of the public prosecutor's office of the Republic of Lithuania (hereinafter referred to as the “public prosecutor's office”) as well as the status, competence, rights and duties of prosecutors of the Republic of Lithuania (hereinafter referred to as “prosecutors”), the course of their service, conditions for providing them with incentives and conditions of their responsibility, social guarantees, as well as conditions for handling and using personal protection means. SECTION TWO STATUS, STRUCTURE, FUNCTIONS AND BASIC PRINCIPLES OF THE ACTIVITIES OF THE PUBLIC PROSECUTOR'S OFFICE Article
Public Prosecutor's Office, its Status and Functions
The public prosecutor's office shall be a state institution performing the functions established by the Constitution of the Republic of Lithuania, this Law or other laws. The public prosecutor's office shall help ensure lawfulness and assist courts in the administration of justice.
The public prosecutor's office shall, on the grounds and in accordance with the procedure established by law: 1) organise and lead pre-trial investigation; 2) conduct pre-trial investigation or individual actions of pre-trial investigation; 3) control the activities of pre-trial investigation officers in criminal proceedings; 4) prosecute on behalf of the State in criminal proceedings; 5) supervise the submission of judgements for enforcement and the enforcement thereof; 6) co-ordinate actions of pre-trial investigation bodies in the investigation of criminal acts; 7) defend the public interest; 8) examine, within its competence, petitions, statements and complaints submitted by individuals; 9) take part in the preparation and implementation of national and international crime prevention programmes; 10) take part in the legislative process; 11) perform other functions established by law. Article
Legal Grounds for the Activities of the Public Prosecutor's Office
The activities of the public prosecutor's office shall be governed by the Constitution of the Republic of Lithuania, this Law, other legal acts as well as international treaties to which the Republic of Lithuania is a party (hereinafter referred to as “international treaties”).
A prosecutor shall make his decisions independently, at his own discretion, in compliance with laws and the principle of reasonableness, with respect for human rights and freedoms, the presumption of innocence, as well as the principle of equality of persons before the law, state institutions and officials irrespective of their social and family status, duties, occupation, convictions, views, origin, race, gender, nationality, language, belief and education.
Lawful demands and decisions of a prosecutor shall be binding on all state and municipal institutions and agencies, their officials, civil servants and employees, natural and legal persons and must be complied with on the entire territory of the State of Lithuania. These entities shall be held liable under law for failure to comply with demands and decisions of a prosecutor.
Acts and decisions of a prosecutor may be appealed against to the superior prosecutor and court in accordance with the procedure established by law.
Damage caused to individuals by unlawful acts or omissions of a prosecutor shall be compensated for in accordance with the procedure established by the Law on Compensation for the Damage Caused by Unlawful Actions of Government Institutions or the Civil Code and the Code of Civil Procedure. Article
Control over Activities of the Public Prosecutor's Office
The public prosecutor's office shall be headed by the Prosecutor General of the Republic of Lithuania (hereinafter referred to as the "Prosecutor General"). He shall be accountable for the activities of the public prosecutor's office to the President of the Republic and the Seimas of the Republic of Lithuania.
The Seimas of the Republic of Lithuania shall set the priorities for the activities of the public prosecutor's office and exercise parliamentary control over the public prosecutor's office.
Procedural actions of prosecutors shall be controlled by the superior prosecutor and the court. The superior prosecutor and the court shall establish violations of procedural laws by prosecutors and reverse unlawful decisions.
The economic and financial activities of the Prosecutor General's Office, territorial prosecutor's offices shall be controlled by the Prosecutor General (prosecutors authorised by him), the State Control and other authorised state institutions.
The Prosecutor General shall submit information about the activities of the public prosecutor's office to the Government of the Republic of Lithuania and the public. Article
International Cooperation of the Public Prosecutor's Office
The public prosecutor's office shall, on the grounds and in accordance with the procedure established by laws and international treaties, prepare and submit requests for legal assistance to, and execute requests for legal assistance submitted by, foreign state authorities and international institutions.
The public prosecutor's office shall receive requests from foreign state authorities and international institutions through the Prosecutor General's Office, as well as through regional prosecutor's offices in the cases provided for in an international treaty to which the Republic of Lithuania is a party. Requests from foreign state authorities or international institutions received directly by territorial prosecutor's offices shall be executed subject to the authorisation of the Prosecutor General's Office.
The public prosecutor's office shall cooperate with prosecutor's offices of foreign states, other state authorities or public organisations, take part in the activities of international institutions. Article
Composition of the Public Prosecutor's Office
The public prosecutor's office shall be comprised of the Prosecutor General's Office and territorial prosecutor's offices.
Territorial prosecutor's offices shall be as follows: 1) regional prosecutor's offices; 2) district prosecutor's offices. Article
Prosecutor General’s Office
The Prosecutor General's Office shall be comprised of departments and divisions. The Prosecutor General's Office shall be headed by the Prosecutor General and Deputy Prosecutors General within their respective competence.
A department of the Prosecutor General's Office shall be headed by the chief prosecutor of the department, the director of the department and their deputies, and a division shall be headed by the chief prosecutor of the division, the head of the division.
An advisory body – the Collegiate Council of the Public Prosecutor's Office of the Republic of Lithuania (hereinafter referred to as the "Collegiate Council") – shall be set up at the Prosecutor General's Office. It shall be chaired by the Prosecutor General and its members shall be Deputy Prosecutors General and chief regional prosecutors. Other prosecutors may also be included in the Collegiate Council as its members by a decision of the Prosecutor General. Judges, heads of law enforcement and other state institutions or their authorised representatives may also be invited to attend meetings of the Collegiate Council.
The composition and rules of operation of the Collegiate Council shall be approved by an order of the Prosecutor General.
The Prosecutor General's Office shall be a public legal entity. It shall have its settlement bank account, a seal bearing the coat of arms of the State of Lithuania and the inscription: "Office of the Prosecutor General of the Republic of Lithuania".
The seat of the Prosecutor General's Office shall be in Vilnius, the capital of the Republic of Lithuania. Article
Functions of the Prosecutor General's Office The Prosecutor General's Office shall: 1) direct territorial prosecutor's offices and supervise their activities; 2) form a uniform practice of pre-trial criminal investigation and supervision of criminal procedural steps; 3) conduct pre-trial investigation and prosecute on behalf of the State in criminal cases of particular importance; 4) organise and lead pre-trial investigation carried out at central pre-trial investigation bodies, and supervise procedural steps taken by officers of these bodies; 5) form a uniform practice of public prosecution in criminal cases and take part in the hearing of cases under appellate or cassation review; 6) co-ordinate actions of pre-trial investigation bodies in the investigation of criminal acts; 7) defend the public interest and form a uniform prosecutorial practice in this field; 8) organise professional and in-service training of prosecutors, as well as render them methodological assistance; 9) communicate with foreign state authorities and international institutions in accordance with the procedure established by international treaties, laws and other legal acts; 10) ensure financial provisions and technical supplies for the public prosecutor's office, as well as social guarantees for prosecutors; 11) analyse the activities of the public prosecutor's office and manage its statistical data; 12) perform other functions established by laws and international treaties. Article
Territorial Prosecutor's Offices and their Functions
Territorial prosecutor's offices shall be set up, reorganised and liquidated, their status, structure, competence and territories of jurisdiction, taking into account the territories of jurisdiction of regional and district courts as established by law, shall be established by the Prosecutor General.
A territorial prosecutor's office shall be headed by the chief prosecutor of the territorial prosecutor's office.
Regional prosecutor's offices shall within their competence: 1) organise and lead pre-trial investigation; 2) conduct pre-trial investigation; 3) control the activities of pre-trial investigation officers in criminal proceedings; 4) prosecute on behalf of the State in criminal proceedings; 5) take part in the hearing of criminal cases under appellate review; 6) supervise the submission of judgements for enforcement and the enforcement thereof; 7) co-ordinate actions of pre-trial investigation bodies in the investigation of criminal acts; 8) defend the public interest; 9) on the grounds and in accordance with the procedure established by laws and international treaties, prepare requests for legal assistance to, and execute requests for legal assistance submitted by, foreign state authorities and international institutions; 10) perform other functions of the public prosecutor's office.
District prosecutor's offices shall within their competence: 1) organise and lead pre-trial investigation; 2) conduct pre-trial investigation; 3) control the activities of pre-trial investigation officers in criminal proceedings; 4) prosecute on behalf of the State in criminal proceedings; 5) supervise the submission of judgements for enforcement and the enforcement thereof; 6) co-ordinate actions of pre-trial investigation bodies in the investigation of criminal acts; 7) defend the public interest; 8) on the grounds and in accordance with the procedure established by laws and international treaties, execute requests for legal assistance submitted by foreign state authorities and international institutions; 9) perform other functions of the public prosecutor's office. Article
Commissions Formed by the Prosecutor General
The Candidates' Selection Commission (hereinafter referred to as the "Selection Commission") shall be formed for the selection of persons to service at the public prosecutor's office.
The Selection Commission shall be formed for a term of three years from five prosecutors having great administrative capacities. One prosecutor shall be nominated to the Selection Commission by the Prosecutor General, while the Prosecutors’ Performance Evaluation Commission (hereinafter referred to as the "Performance Evaluation Commission") and the Collegiate Council shall nominate two candidates each.
The Candidates' Examination Commission (hereinafter referred to as the "Examination Commission") shall be formed for assessing the professional qualifications of candidates to the public prosecutor's office.
The Examination Commission shall be formed for a term of three years from seven persons. The Performance Evaluation Commission, the Collegiate Council and the Prosecutor General shall each nominate one prosecutor having a record of at least seven years of service as a prosecutor. The Chairman of the Judicial Council and the Minister of Justice shall nominate one judge each. Two members of the Commission shall be appointed from persons holding a degree of doctor or doctor habilis in social sciences (law) nominated by universities in which a master's degree in law or a lawyer's professional qualification degree is awarded.
The Prosecutors' Ethics Commission (hereinafter referred to as the “Ethics Commission”) shall be formed for investigating and evaluating violations of the Code of Ethics of Prosecutors.
The Ethics Commission shall be formed for a term of three years from five prosecutors having a record of at least seven years of service as a prosecutor and held in high esteem at the public prosecutor's office. The Selection Commission, the Performance Evaluation Commission and the Prosecutor General shall each nominate one prosecutor to this Commission, while the Collegiate Council shall nominate two prosecutors.
The Performance Evaluation Commission shall be formed for the evaluation of the service of prosecutors, their qualifications and suitability for the office.
The Performance Evaluation Commission shall be formed for a term of three years from seven prosecutors having a record of at least seven years of service as a prosecutor. Regional chief prosecutors and district chief prosecutors shall, by common consent, each nominate to the Commission two prosecutors, while Deputy Prosecutors General shall nominate three prosecutors.
A prosecutor may serve on only one Commission.
The composition and regulations of the Selection, Examination, Ethics, Performance Evaluation Commissions shall be approved by an order by the Prosecutor General. SECTION THREE STATUS AND COMPETENCE OF PROSECUTORS Article
Status and Independence of Prosecutors
A prosecutor shall be a person appointed to a prosecutor's post in accordance with the procedure established by this Law. The prosecutor's status of the state officer shall be determined by the Constitution and laws of the Republic of Lithuania as well as international treaties to which the Republic of Lithuania is a party.
When performing his functions, a prosecutor shall be independent and obey only the Constitution and laws of the Republic of Lithuania.
State, municipal institutions and agencies, their officials and employees, political parties and politicians, public organisations and media, other natural and legal persons shall be prohibited from assigning any tasks to the public prosecutor's office or imposing on it obligations that are not prescribed by law or in any other way interfere with the activities of prosecutors.
Any attempt at influencing a prosecutor seeking the rendering of an unlawful decision shall be treated as interference with the prosecutor's activities and shall make the person liable under law.
Rallies, pickets or any other actions taking place inside the prosecutor's office or at a distance closer than that specified in the Law on Meetings shall be prohibited.
Persons other than prosecutors and personnel of the prosecutor's office shall be allowed to film, photograph, and make audio or video recordings in the prosecutor's office only subject to the authorisation of the head of the Prosecutor General's Office or the territorial prosecutor's office. Article
Immunity of Prosecutors
An investigation into a criminal act committed by the Prosecutor General may be initiated only by the President of the Republic, upon removing him from office with the consent of the Seimas.
A pre-trial investigation into a criminal act committed by a Deputy Prosecutor General may be launched only by the Prosecutor General upon notifying the President of the Republic thereof.
A pre-trial investigation into a criminal act committed by a prosecutor may be launched only by the Prosecutor General.
The residential, office or any other premises of a prosecutor may be entered, examination, search or seizure therein or in his personal or official car or any other personal vehicle may be carried out, also his personal examination or body search, examination or seizure of his personal belongings and documents may be performed only with the prosecutor's consent or provided that the Prosecutor General has launched pre-trial investigation into the criminal act committed by the prosecutor. This provision shall not apply where the prosecutor is caught in the act of, or immediately after committing a criminal act.
A prosecutor may, in accordance with the procedure established by the Code of Administrative Offences, be subjected to administrative liability.
A prosecutor detained without the prosecutor's certificate must be released immediately as soon as his status is established. This provision shall not apply where the prosecutor is caught in the act of, or immediately after committing an administrative offence or criminal act, or where a pre-trial investigation has been launched into a criminal act committed by him. Article
Powers of Prosecutors in the Territory of the Republic of Lithuania
When performing their functions prosecutors shall have the powers to act in the entire territory of the Republic of Lithuania.
Prosecutors of the Prosecutor General's Office shall have the powers of the prosecutor to act in all courts.
Prosecutors of a territorial prosecutor's office shall have the powers of the prosecutor to act in courts within the competence defined by the Prosecutor General or Deputy Prosecutor General. Article
Subordination of Prosecutors
The subordination of prosecutors shall be established by this Law and the Regulations of the Competence of the Public Prosecutor's Office and Prosecutors (hereinafter referred to as the "Regulations of Competence"). Orders, ordinances, instructions, other regulatory enactments establishing the procedure for organising procedural actions and service, as issued by the Prosecutor General (Deputy Prosecutor General), the chief prosecutor (deputy chief prosecutor) of a department (division) of the Prosecutor General's Office or a territorial prosecutor's office shall be binding on prosecutors.
Prosecutors must notify the Prosecutor General (Deputy Prosecutor General) of any order, other regulatory enactment or decision of the chief prosecutor (deputy chief prosecutor) of a department (division) of the Prosecutor General's Office or a territorial prosecutor's office, which are contrary to law.
Prosecutors disagreeing with an order, any other regulatory enactment or decision of the chief prosecutor (deputy chief prosecutor) of a department (division) of the Prosecutor General's Office or a territorial prosecutor's office shall have the right to appeal against it to the Prosecutor General (Deputy Prosecutor General), whereas disagreeing with an order or any other regulatory enactment of the Prosecutor General (Deputy Prosecutor General) they shall have the right to appeal against it in the court in accordance with the procedure established by law. Article
Superior Prosecutor
The status and procedural actions of a superior prosecutor shall be established by procedural laws, this Law and the Regulations of Competence.
When a prosecutor is implementing procedural laws, the superior prosecutor shall be: 1) the chief prosecutor (deputy chief prosecutor) of a district prosecutor's office, the chief prosecutor (deputy chief prosecutor) of a regional prosecutor's office, the chief prosecutor (deputy chief prosecutor) of a department (division) of the Prosecutor General's Office – in respect of a prosecutor of a district prosecutor's office; 2) the chief prosecutor (deputy chief prosecutor) of a regional prosecutor's office, the chief prosecutor of a department (division) of the Prosecutor General's Office – in respect of the chief prosecutor (deputy chief prosecutor) of a district prosecutor's office, a prosecutor of a regional prosecutor's office; 3) the chief prosecutor (deputy chief prosecutor) of a department (division) of the Prosecutor General's Office – in respect of the chief prosecutor (deputy chief prosecutor) of a regional prosecutor's office, a prosecutor of the Prosecutor General's Office.
The superior prosecutor may not give orders to a prosecutor as to what procedural decision to make. The prosecutor shall have the right to request that the superior prosecutor give instructions in writing concerning procedural actions and decisions which are not executed by orders.
The superior prosecutor may, upon the receipt of a complaint or a notice of procedural violation, hear it himself or, under the Regulations of Competence, refer it to another superior prosecutor. A procedural decision made by the prosecutor may be examined only by one superior prosecutor who shall adopt a reasoned order.
A prosecutor must notify the Prosecutor General (Deputy Prosecutor General) of any procedural decision made by the superior prosecutor, which is contrary to law.
Participants in the proceedings, disagreeing with the procedural decision made by the superior prosecutor, may appeal against it in the court in accordance with the procedure established by law. Article
Pre-trial Investigation, Public Prosecution and Supervision of Enforcement of Sentences
Prosecutors shall, within their competence, conduct, organise and direct pre-trial investigation, supervise procedural activities of pre-trial investigation officers, prosecute on behalf of the State in criminal proceedings, supervise the submission of judgements for enforcement and the enforcement thereof in accordance with the procedure established by the Criminal Code, the Code of Criminal Procedure, the Code of the Enforcement of Sentences and this Law.
Recommendations and other regulatory enactments approved by the Prosecutor General, forming the practice of supervision of pre-trial investigation, public prosecution, and enforcement of sentences shall be binding on prosecutors and pre-trial investigation officers. Article
Co-ordination of Pre-trial Investigation Actions
The Prosecutor General (Deputy Prosecutors General) and the chief prosecutors of territorial prosecutor's offices shall, within their competence, coordinate actions of pre-trial investigation of criminal acts.
Heads of pre-trial investigation bodies shall attend coordinating meetings convened by a prosecutor within his competence. Article
Prevention of Criminal Acts Prosecutors shall have the right to take part in the preparation and implementation of national and international crime prevention programmes, as well as submit relevant information and proposals to the state institutions concerned. Article
Defence of the Public Interest
Upon establishing a violation of the rights and lawful interests of a person, society or the State, prosecutors shall defend the public interest in the cases and in accordance with the procedure established by law on the basis of the notification, proposal, statement or complaint filed by the person, state or municipal institution or agency, or on their own initiative as well as in cases when officers, employees of other institutions or equivalent persons, who are under the obligation to defend the said interest, failed to take any measures to rectify the violation.
Having grounds to believe that the requirements of legal acts have been violated, prosecutors, in the defence of the public interest, shall have the powers to: 1) file a claim, statement or request with the court; 2) request documents and information from state or municipal institutions, agencies or enterprises, other legal and natural persons; 3) request state or municipal institutions and agencies to carry out inspections, audits and to present findings; 4) call in persons and obtain their explanations; 5) take part in the court hearing of a civil or administrative case upon a claim, statement or request of a prosecutor, a civil claim filed by a prosecutor in criminal proceedings, as well as appeal against court judgements, rulings and orders handed down in these proceedings; 6) issue orders on the eviction of natural persons from residential premises; 7) issue a warning to a state official, civil servant or equivalent persons against committing offences; 8) pass a decision requesting to carry out an official inspection of the activities of a state official, civil servant or equivalent person and recommend to institute disciplinary or service-related proceedings against the said persons; 9) pass a decision referring the investigation material for examination under the administrative procedure where a pre-trial investigation has been terminated but there is evidence of an administrative offence committed by the person concerned; 10) get a settled case from the court; 11) request heads of state or municipal institutions and agencies to designate specialists to assist a prosecutor in identifying possible violations of, and defending the public interest.
In the cases specified in the Code of Criminal Procedure, prosecutors may request by a decision to initiate criminal proceedings.
Acting in the defence of the public interest, prosecutors who prosecute on behalf of the State shall file a civil action, provided it has not been filed, if damage has been caused by a criminal act to the State or a person who, because of his minority, illness, dependence on the accused or due to other reasons is unable to defend his rights or legitimate interests in the court. Article
Other Duties and Rights of Prosecutors
Prosecutors must: 1) be faithful to the State of Lithuania and the constitutional order of the Republic of Lithuania; 2) respect and protect human rights and freedoms; 3) be impartial in the performance of their functions; 4) duly and timely perform their tasks or assignments; 5) notify the superior prosecutor about unlawful requests or orders, existing or potential conflicts of public and private interests; 6) observe the Code of Ethics of Prosecutors; 7) preserve secret information, refrain from using official and other confidential information otherwise than as prescribed by law and likewise refuse access to it for other persons; 8) improve their qualifications.
Prosecutors shall have the right to: 1) issue an order to institute disciplinary proceedings against a pre-trial investigation officer; 2) notify persons exercising supervision of administrative activities of courts of the cases when the court fails to take necessary measures to investigate a case in the proper manner.
Chief prosecutors of territorial prosecutor's offices shall have the right to participate in meetings of municipal institutions.
The Prosecutor General (Deputy Prosecutors General) shall have the right to attend the Seimas or Government sessions and meetings or meetings held by the President of the Republic, to recommend to the Chairman of the Senate of the Supreme Court of Lithuania to study the practice of application in courts of laws and other legal acts, to take part in the deliberation of the issues at the sessions of the Senate of the Supreme Court of Lithuania and give their opinion.
Procedural rights and duties of prosecutors shall be established by procedural laws and this Law.
Other rights and duties as well as competence of prosecutors in performing the functions of the public prosecutor's office assigned to them shall be defined in regulatory enactment issued by the Prosecutor General (Deputy Prosecutors General) and the Regulations of Competence. Article
Public Activities of Prosecutors
Prosecutors may join trade unions and public organisations in order to satisfy their professional, cultural and social needs.
The activities of political parties and political organisations shall be prohibited in the public prosecutor's office. Prosecutors may not be members or supporters of political parties, political organisations and take part in their activities or in any other way violate the principle of political neutrality.
Prosecutors shall be prohibited from going on strike or staging pickets. SECTION FOUR ADMINISTRATION OF THE public prosecutor's office Article
Procedure for Appointing and Dismissing the Prosecutor General, Deputy Prosecutors General
A person may be appointed to the office of Prosecutor General or Deputy Prosecutor General, provided he is at least 35 years of age; is of impeccable character; has proficiency in the state language; holds citizenship of the Republic of Lithuania; has acquired higher university legal education and holds a bachelor's and master's degrees in law or a lawyer's professional qualification degree; has a record of at least ten years of service as a prosecutor and/or judge or of any other service in the legal profession.
The Prosecutor General shall be appointed for a term of five years and dismissed from office by the President of the Republic, with the approval of the Seimas. The Prosecutor General may be appointed to the same office for not more than two successive terms.
Deputy Prosecutors General shall be appointed and dismissed by the President of the Republic on the recommendation of the Prosecutor General. The term of office of Deputy Prosecutors General shall be related with the term of office of the Prosecutor General. At the expiry of the term of office of the Prosecutor General or upon his dismissal from office, Deputy Prosecutors General shall remain in office until the appointment of another Prosecutor General in accordance with the procedure established by law.
Prior to assuming office, the Prosecutor General and Deputy Prosecutors General shall swear an oath of allegiance to the State of Lithuania by reading the text given in paragraph 1 of Article 30 of this Law. The oath of the Prosecutor General and Deputy Prosecutors General shall be administered by the President of the Republic.
The term of office of the Prosecutor General shall expire in the following cases: 1) when the term of office terminates or the Prosecutor General reaches 65 years of age; 2) upon the death of the Prosecutor General; 3) when the Prosecutor General is elected to another office or, with his consent, transferred to another job.
The term of office of a Deputy Prosecutor General shall expire in the following cases: 1) at the expiry of the term of office of the Prosecutor General or when, upon his dismissal from office, another Prosecutor General is appointed in accordance with the procedure established by law; 2) the Deputy Prosecutor General reaches 65 years of age; 3) upon the death of the Deputy Prosecutor General; 4) when the Deputy Prosecutor General is elected to another office or, with his consent, transferred to another job.
The Prosecutor General and Deputy Prosecutor General shall be dismissed from office in the following cases: 1) upon resignation; 2) when he is unable to discharge his office for health reasons; 3) when he loses citizenship of the Republic of Lithuania; 4) when he breaks the oath by his conduct; 5) a court judgement of conviction against him becomes effective. Article
Specifics of Service of the Prosecutor General and Deputy Prosecutors General
The Prosecutor General (Deputy Prosecutor General) shall be the superior prosecutor in respect of prosecutors.
The Prosecutor General shall determine the competence of the Prosecutor General's Office, territorial prosecutor's offices, the Prosecutor General and Deputy Prosecutors General, and prosecutors by approving the Regulations of Competence by his order.
The provisions of paragraph 1 of Article 25, Article 26, paragraph 3 of Article 30, Articles 31-34, 36, 37, paragraph 3 of Article 39, Articles 40-44, paragraphs 1-6 of Article 45, Articles 46, 48 and paragraph 2 of Article 53 of this Law shall not apply to the Prosecutor General and Deputy Prosecutors General.
At the expiry of the term of office, the Prosecutor General and Deputy Prosecutors General shall have the right to a vacant prosecutor's post. SECTION FIVE Admission to Service at the PUBLIC prosecutor's office Article
Prosecutors and the Personnel of the Public Prosecutor's Office
The conditions and procedure of the service of prosecutors shall be established by this Law and other laws. The Law on Civil Service shall not be applicable to prosecutors.
The personnel of the public prosecutor's office shall consist of: 1) civil servants of the public prosecutor's office: assistants to the chief prosecutor, assistants to a prosecutor, chief specialists, senior specialists, specialists and other civil servants; 2) employees.
The conditions and procedure of the service of civil servants of the public prosecutor's office shall be established by the Law on Civil Service.
The conditions and procedure of the work of employees of the public prosecutor's office shall be established by the Labour Code and other legal acts regulating employment relationships. Article
Requirements for Admission to Service at the Public Prosecutor's Office and for Appointment to a Prosecutor's Post
A person may be admitted to service at the public prosecutor's office and appointed to a prosecutor's post, provided he is a citizen of the Republic of Lithuania of impeccable character; has proficiency in the state language; has acquired higher university legal education and holds a bachelor's and master's degrees in law or a lawyer's professional qualification degree; has passed the qualification examination for candidates to the public prosecutor's office; and has a recommendation of the Selection Commission.
Education acquired in foreign education institutions shall be recognised in accordance with the procedure established by the Government.
A person shall be held to be of impeccable character if he does not abuse alcohol, does not use narcotic, psychotropic or toxic substances, has not been found guilty of a criminal act by an effective court judgement, has not been dismissed from service or work for a serious breach of work discipline or five years have elapsed from his dismissal and his conduct conforms to the provisions of the Code of Ethics of Prosecutors.
A person may not be admitted to service at the public prosecutor's office and hold a prosecutor's post if: 1) he does not meet the requirements for admission to service at the public prosecutor's office; 2) his service at the public prosecutor's office would lead to a conflict of public and private interests; 3) he and his spouse, close relative or person related to him by marriage, who are employed at the public prosecutor's office, would be related by direct subordination; 4) it is prohibited by law. Article
Procedure for Admitting to Service at the Public Prosecutor's Office and for Appointing to a Prosecutor's Post
Persons shall be admitted to service at the public prosecutor's office on a voluntary and selective basis. A person shall be appointed to a post which is on the List of Prosecutorial Positions by an order of the Prosecutor General on the recommendation of the Selection Commission.
The list of prosecutorial positions shall be approved by the Prosecutor General.
Upon submitting an application for admission to service as a prosecutor, a person must: 1) submit information and documents confirming that he meets the requirements for admission to service at the public prosecutor's office; 2) undergo a health check and submit the conclusion of the medical commission on his suitability to serve as a prosecutor. The procedure of health checks and medical requirements shall be established by the Minister of Health, in consultation with the Prosecutor General; 3) submit his property declaration and personal income tax return; 4) pass the qualification examination for candidates to the public prosecutor's office.
A person shall be exempted from the qualification examination for candidates to the public prosecutor's office if: 1) he has passed the judicial qualification examination, unless three years have passed from the date of the passing of the examination; 2) he has a record of at least three years of service as a prosecutor or a judge, unless five years have passed after he last held that position; 3) he holds a degree of doctor or doctor habilis in social sciences (law).
A person, disagreeing with the decision of the Examination Commission, may appeal against it in the court in accordance with the procedure established by the Law on Administrative Proceedings.
Prior to assuming a prosecutor’s post, a person shall be familiarised against signature with the Regulations of Competence.
If circumstances precluding the performance of prosecutorial duties by the person appointed to a prosecutor’s post become known before he takes office, the order for his appointment to a prosecutor’s post shall be revoked. Article
Personal Data
The Prosecutor General's Office shall have the right to process, in accordance with the procedure established by the Law on the Legal Protection of Personal Data, personal data and special personal data of applicants for admission to service as a prosecutor, and of prosecutors.
The data relating to a person who has submitted an application for admission to service as a prosecutor as well as data relating to the admission of the prosecutor to service, his oath, appointment and dismissal, removal from office, provision of incentives, imposition of service-related penalties, issue of personal protection means and other data shall be recorded in his personal file kept at the Prosecutor General's Office in accordance with the Rules for Keeping Personal Files approved by the Prosecutor General. Article
Length of Service as a Prosecutor
The prosecutor's length of service shall be calculated from the day of his appointment to a prosecutor's post. If a person was appointed to a prosecutor's post before 11 March 1990, the day of his appointment to a prosecutor's post shall be considered as the beginning of service.
The length of service as a prosecutor calculated when admitting a person to service at the public prosecutor's office as well as when determining traineeship and career development procedure shall comprise: 1) the person's length of service as a judge and justice of the Constitutional Court of the Republic of Lithuania; 2) the person's included length of service as a university law professor holding a degree of doctor or doctor habilis in social sciences (law); 3) the person's included period of service as a prosecutor or judge in a foreign state or international institutions.
For the purpose of calculating the duration of the leave of prosecutors, the length of service as a prosecutor shall comprise: 1) the person's length of service specified in paragraph 2 of this Article; 2) the person's included other length of service in the legal profession.
The length of service at the prosecutor's office of a person appointed to the position of the prosecutor of the republic (deputy prosecutor of the republic), a prosecutor of a town, district, interregional, transport prosecutor's office (deputy prosecutor, assistant prosecutor), a trainee at the prosecutor's office, an investigator of the prosecutor's office (assistant investigator) prior to the entry into force of this Law shall be included in the person's length of service as a prosecutor.
The person's period of employment (length of service) specified in paragraphs 2 and 3 of this Article shall be included in the length of service as a prosecutor by an order of the Prosecutor General on the recommendation of the Selection Commission.
A person disagreeing with the recommendation of the Selection Commission may appeal against it to the Prosecutor General; disagreeing with the order of the Prosecutor General on the inclusion of the length of service, a person may appeal against it in the court in accordance with the procedure established by the Law on Administrative Proceedings. Article
Restrictions with Respect to Prosecutors
A prosecutor may not hold any other elective or appointive position or work in other institutions, enterprises or organisations, except for research, teaching and creative activities or cases where he is seconded to international and EU institutions or foreign institutions in accordance with the established procedure.
A prosecutor may not receive any remuneration other than a prosecutor's salary, payment for creative activities, research or teaching at higher education institutions and for work in groups and commissions for drafting legal acts, unless this is part of the prosecutor's direct duties.
A prosecutor may be engaged in research or teaching at higher educational institutions, participate in groups and commissions for drafting legal acts, or be seconded to international and EU institutions or foreign institutions in accordance with the established procedure only subject to the consent of the Prosecutor General. Article
Prosecutor's Oath
Prior to assuming a prosecutor’s post, a person shall swear an oath of allegiance to the State of Lithuania. A person swearing an oath shall be entitled to choose one of the following texts of the oath: “I, prosecutor of the Republic of Lithuania (name, surname), swear my allegiance to the State of Lithuania, to observe its Constitution and laws, to perform my duties in good faith, to protect human rights, freedoms and legitimate interests, always to be impartial, honest, to keep the secrets entrusted to me and to conduct myself as befits the prosecutor. So help me God.”; “I, prosecutor of the Republic of Lithuania (name, surname) swear my allegiance to the State of Lithuania, to observe its Constitution and laws, to perform my duties in good faith, to protect human rights, freedoms and legitimate interests, always to be impartial, honest, to keep the secrets entrusted to me and to conduct myself as befits the prosecutor.”
The person who has taken the oath shall sign the text of the oath.
The oath shall be administered by the Prosecutor General.
The prosecutor shall swear the oath only once, unless he has been dismissed from the prosecutor's post.
The text of the oath signed by the prosecutor shall be kept in his personal file.
The prosecutor shall be held liable for breach of the oath of office as for misconduct in office or behaviour disgracing the name of the prosecutor. SECTION SIX SPECIFICS OF THE SERVICE OF PROSECUTORS Article
Traineeship of Prosecutors
A person who has been admitted to service at the public prosecutor's office and has passed the qualification examination for candidates for the public prosecutor's office shall be posted, according to the prosecutors' traineeship regulations, on an individual 2-year traineeship programme approved by an order of the Prosecutor General, while the person exempt from the examination shall be a trainee for up to six months. A supervisor shall be assigned for the prosecutor's traineeship.
The prosecutors' traineeship regulations shall be approved by an order of the Prosecutor General.
During his traineeship the prosecutor shall fulfil prosecutorial duties and must agree drafts of procedural decisions and resolutions with the traineeship supervisor.
Upon the expiry of the traineeship period, the prosecutor's performance shall be evaluated by the Performance Evaluation Commission. It shall submit the conclusion to the Prosecutor General, recommending: 1) to evaluate the prosecutor's performance as good, to recommend he should continue in office and to award him a qualification rank; 2) to evaluate the prosecutor's performance as unsatisfactory and to dismiss him from service; 3) to postpone the evaluation of the prosecutor's performance and to grant a single extension of traineeship period, not to exceed six months.
The Performance Evaluation Commission, recommending in its conclusion postponement of performance evaluation and extension of traineeship, may advise an individual traineeship programme for the prosecutor.
The prosecutor's traineeship period shall be included in the prosecutor's length of service provided for in paragraphs 2 and 3 of Article 28 of this Law. Article
Training of Prosecutors
The training of prosecutors shall be as follows: 1) training under the prosecutors' traineeship scheme – professional skills development; 2) in-service training – professional knowledge and skills improvement.
The training of prosecutors under the prosecutors' traineeship scheme shall be organised by the Prosecutor General's Office, while in-service training shall be organised by the Prosecutor General's Office and the Ministry of Justice.
The public prosecutor's office shall provide conditions for prosecutors to independently engage in in-service training.
A prosecutor may, with his consent, be sent for in-service training for a period not longer than one year. This period shall be included in the length of service as a prosecutor, the prosecutor shall be paid his salary fixed before the period of training and guaranteed the post held by him.
A prosecutor, who was sent by the public prosecutor's office for training exceeding three months and was dismissed from service at the public prosecutor's office under subparagraphs 1-6, 9 and 10 of paragraph 1 and subparagraphs 1-4, 6 and 7 of paragraph 2 of Article 44 within a year from the end of his training, must reimburse the public prosecutor's office for the expenses incurred during the last two years in relation to his training.
The procedure for sending prosecutors for training, and for reimbursing their training expenses shall be established by the Prosecutor General.
The training of prosecutors shall be financed by the State. Funds amounting to not less than 1 percent and not more than 3 percent of appropriations for the remuneration of prosecutors must be earmarked in the expenditure estimate of the public prosecutor's office for training. Article
Performance Evaluation of Prosecutors
The service of prosecutors, their qualifications and suitability for the office shall be evaluated by the Performance Evaluation Commission in accordance with the procedure established by the Prosecutor General.
A prosecutor whose performance after traineeship has been rated as good shall be subsequently subject to regular performance evaluation every five years.
A prosecutor to be appointed to the post of the chief prosecutor of a department (division) of the Prosecutor General's Office or a territorial prosecutor's office shall be subject to extraordinary performance evaluation by an order of the Prosecutor General. Extraordinary performance evaluation shall not be ordered unless one year has passed after the last performance evaluation.
A pregnant prosecutrix may be evaluated only with her consent.
After a regular or extraordinary performance evaluation the Performance Evaluation Commission shall submit conclusions to the Prosecutor General proposing: 1) to rate the prosecutor's performance as good and to recommend to continue in the same position; 2) to rate the prosecutor's performance as good and to recommend him for promotion; 3) to rate the prosecutor's performance as unsatisfactory and to recommend him for demotion; 4) to rate the prosecutor's performance as unsatisfactory and to recommend his dismissal.
The Performance Evaluation Commission shall propose to the Prosecutor General to promote the prosecutor to a higher qualification rank, to retain his rank or to demote him to a lower qualification rank.
The prosecutor may appeal against the conclusion of the Performance Evaluation Commission to the Prosecutor General, while the decision of the Prosecutor General concerning the conclusion may be appealed against in the court in accordance with the procedure established by the Law on Administrative Proceedings. Article
Career Development of Prosecutors
A prosecutor seeking promotion shall, with his consent and on the basis of the conclusion of the Performance Evaluation Commission, be entered on the list of prosecutors seeking promotion. A prosecutor who is on the list shall have priority in being appointed to a senior position.
The list of prosecutors seeking promotion shall be administered by the Prosecutor General's Office in accordance with the procedure established by the Prosecutor General.
A person appointed to the post of the chief prosecutor of a department (division) of the Prosecutor General's Office or a territorial prosecutor's office for a term of five years shall have the required length of service as a prosecutor and shall have his professional knowledge and administrative capacities attested by the Performance Evaluation Commission.
At the expiry of this five-year term appointment, the chief prosecutor of a department (division) of the Prosecutor General's Office or a territorial prosecutor's office may, on the basis of the conclusion of the Performance Evaluation Commission, be re-appointed. The chief prosecutor of a territorial prosecutor's office may not hold the same office for more than ten successive years. At the expiry of this term, he shall have the right to another vacant prosecutor's post at a territorial prosecutor's office.
A person appointed to the post of the chief prosecutor (deputy chief prosecutor) of a department (division) of the Prosecutor General's Office and the chief prosecutor (deputy chief prosecutor) of a regional prosecutor's office shall have a record of at least seven years of service as a prosecutor or judge, provided that for at least two years he served as a prosecutor at the Prosecutor General's Office or a regional prosecutor's office, the chief prosecutor (deputy chief prosecutor) of a district prosecutor's office, or sat as a judge at a regional court, regional administrative court, the Constitutional Court of the Republic of Lithuania, the Supreme Court of Lithuania, the Court of Appeals of Lithuania or the Supreme Administrative Court of Lithuania or, for persons holding a degree of doctor or doctor habilis in social sciences (law), a record of at least seven years of teaching law.
A person appointed to the post of a prosecutor at the Prosecutor General's Office, the chief prosecutor (deputy chief prosecutor) of a structural unit of a regional prosecutor's office, the chief prosecutor (deputy chief prosecutor) of a district prosecutor's office shall have a record of at least five years of service as a prosecutor or judge or, for persons holding a degree of doctor or doctor habilis in social sciences (law), a record of at least five years of teaching law.
A person appointed to the post of a prosecutor of a regional prosecutor's office, the chief prosecutor (deputy chief prosecutor) of a structural unit of a district prosecutor's office shall have a record of at least three years of service as a prosecutor or judge or, for persons holding a degree of doctor or doctor habilis in social sciences (law), a record of at least three years of teaching law.
Prosecutors who have effective service-related penalties shall not be eligible for promotion. Article
Prosecutors' Qualification Ranks
Prosecutors shall be awarded the following qualification ranks denoting their qualification or position: 1) junior justice adviser; 2) justice adviser; 3) senior justice adviser; 4) chief justice adviser; 5) state justice adviser; 6) chief state justice adviser.
The Prosecutor General shall be awarded the qualification rank of the chief state justice adviser and a Deputy Prosecutor General shall be awarded the qualification rank of state justice adviser by the President of the Republic when appointing them to their respective positions.
The qualification rank to a prosecutor shall be awarded by the Prosecutor General by an order issued on the basis of the conclusions of the Performance Evaluation Commission following the evaluation of the prosecutor's qualification or as an incentive measure: 1) a prosecutor at the Prosecutor General's Office, the chief prosecutor (deputy chief prosecutor) of a regional prosecutor's office or the chief prosecutor (deputy chief prosecutor) of a district prosecutor's office shall be awarded the qualification rank not higher than that of the chief justice adviser; 2) a prosecutor at a territorial prosecutor's office shall be awarded the qualification rank not higher than that of senior justice adviser.
A prosecutor who sat for the qualification examination for candidates to the public prosecutor's post and whose performance after traineeship has been rated as good shall be appointed to a prosecutor's post with the qualification rank of junior justice advisor awarded to him.
A prosecutor who has an effective service-related penalty shall not be awarded any higher qualification rank.
A prosecutor who is readmitted to service at the public prosecutor's office shall be awarded the previously held qualification rank which, however, shall not be higher than the one prescribed for his position. Article
Transfer to another Position
A prosecutor may, by an order of the Prosecutor General, be transferred to a higher, equivalent or lower position.
A prosecutor may be transferred to a higher position: 1) with his consent; 2) in cases of official necessity – for a period not longer than six months within three years; 3) on the basis of the conclusion of the Performance Evaluation Commission; 4) at the expiry of the appointment.
A prosecutor may be transferred to an equivalent position: 1) at his request or with his consent; 2) when his position is abolished due to changes in the organisation of work of the public prosecutor's office; 3) in cases of official necessity – for a period not longer than six months within three years; 4) for health reasons (based on the conclusion of the medical commission); 5) at the expiry of the appointment.
A prosecutor may be transferred to a lower position: 1) at his request or with his consent; 2) when his position is abolished due to changes in the organisation of work of the public prosecutor's office and it is impossible to transfer him to an equivalent position; 3) for health reasons (based on the conclusion of the medical commission) where it is impossible to transfer him to an equivalent position; 4) in cases of official necessity – for a period not longer than six months within three years; 5) in the event of a conclusion of the Performance Evaluation Commission stating that the prosecutor is not suitable for the office; 6) when he is imposed a service-related penalty – transfer to a lower position; 7) at the expiry of the appointment.
Transfer of a pregnant prosecutrix to another position without her consent shall be prohibited, except in the cases specified in subparagraph 3 of paragraph 2, subparagraphs 5 and 6 of paragraph 4 of this Article.
Transfer of a prosecutor who is alone raising a child under three years of age to another position without his consent shall be prohibited, except in the cases specified in subparagraph 3 of paragraph 2, subparagraph 4 of paragraph 3, and subparagraphs 3, 5 and 6 of paragraph 4 of this Article.
The order of the Prosecutor General concerning the transfer of a prosecutor to another position must specify the grounds for the transfer. Article
Assignment to Perform other Functions
In case of official necessity, the Prosecutor General, a Deputy Prosecutor General, the chief prosecutor of a territorial prosecutor's office may temporarily task a prosecutor without his consent to fulfil at the same prosecutor's office any prosecutorial functions corresponding to his qualification level.
The assignment specified in paragraph 1 of this Article shall be of temporary character and may last for up to six months within three years of service at the public prosecutor's office. Article
Secondment of Prosecutors to International and EU Institutions or Foreign Institutions
A prosecutor may, with his consent, be seconded to international and EU institutions or foreign institutions or any other post provided for in international treaties to which the Republic of Lithuania is a party, usually for a period not exceeding three years, unless an international treaty or EU legal acts provide otherwise.
The period of secondment of a prosecutor to international and EU institutions or foreign institutions shall be included in the length of service as a prosecutor; he shall be paid fixed remuneration and covered other statutory expenses related to secondment. During the period of secondment, a prosecutor shall be guaranteed the post held by him. Article
Professional Ethics and Conduct of Prosecutors
Prosecutors shall abide by the Code of Ethics of Prosecutors during and after service hours. The Code shall be approved by the Prosecutor General on the recommendation of the Collegiate Council.
Infringements of the Code of Ethics of Prosecutors shall be investigated by the Ethics Commission. The Commission shall submit a proposal concerning the imposition of a service-related penalty on a prosecutor guilty of infringement of the Code of Ethics of Prosecutors. SECTION SEVEN INCENTIVES TO PROSECUTORS, MISCONDUCT IN OFFICE AND LIABILITY Article
Incentives to Prosecutors
For exemplary performance of official duties or distinguishing himself in service a prosecutor may be offered the following incentives: 1) note of appreciation; 2) a personal award (in the amount of up to 5 minimum standards of living); 3) payment of a lump sum (in the amount of the average monthly salary of an officer); 4) the prosecutor's badge of honour or another badge of distinction; 5) awarding of a higher qualification rank.
For special merits to the State of Lithuania a prosecutor may be nominated for a state award.
A prosecutor shall be offered incentives in accordance with the procedure established by this Law and by the Prosecutor General.
A prosecutor having an effective service-related penalty shall not be eligible for incentives and for nomination for a state award and/or awarded weapon. Article
Service-related Penalties The following penalties may be imposed on a prosecutor for violations of law, misconduct in office or actions discrediting the name of the prosecutor: 1) censure; 2) reprimand; 3) demotion - reduction of the qualification rank; 4) transfer to a lower position; 5) dismissal from service. Article
Procedure for Imposing Service-related Penalties
The prosecutor shall be imposed a service-related penalty by an order of the Prosecutor General in accordance with the procedure established by this Law.
The prosecutor shall be imposed a service-related penalty within 15 calendar days from the date of submission to the Prosecutor General (his deputy) of the conclusion of official inspection concerning the commission by the prosecutor of a violation of the law, misconduct in office or action discrediting the name of the prosecutor.
Official inspection shall be carried out where the prosecutor’s activities contain elements of violation of law, misconduct in office or action discrediting the name of the prosecutor, also when the prosecutor is removed from office, has used a firearms or on the basis of an official communication from the chief prosecutor of the Office of the Prosecutor General or the territorial prosecutor’s office.
Official inspection shall be started without delay after the receipt of the resolution of the Prosecutor General (his deputy) to commence official inspection and shall last for no longer than 30 calendar days following the procedure established by this Law and the Prosecutor General.
During the official inspection the prosecutor must present a written explanation. A service-related penalty may be imposed even in case the prosecutor fails to present a written explanation or refuses to present one.
A service-related penalty may be imposed on the prosecutor provided that less than six months have lapsed from the commission of the violation of law, misconduct in office or action discrediting the name of the prosecutor.
A service-related penalty may be imposed on the prosecutor who committed a violation of procedural rules when discharging his functions (i.e. made an unlawful decision, carried out an unlawful action of pre-trial investigation, failed to make a mandatory decision within the time period prescribed by law or failed to carry out the mandatory action of pre-trial investigation), if less than 36 months have lapsed from the date of commission of the violation.
The prosecutor's period of absence from service due to his temporary incapacity for work or leave shall not be included in the period of a service-related penalty.
A single instance of violation of law, misconduct in office or action discrediting the name of the prosecutor shall incur one service-related penalty.
If the prosecutor commits a violation of law, a service-related penalty may be imposed regardless of any other acts for the commission of which he is held liable. Article
Validity of a Service-related Penalty and Appealing against it
A service-related penalty imposed on a prosecutor shall be valid for 12 months.
A service-related penalty may be lifted by an order of the Prosecutor General after the lapse of at least eight months of validity of the penalty, provided that during the entire period the prosecutor has been exemplary in the performance of his duties or distinguished himself in service.
A service-related penalty shall expire after the expiration of its validity period or after it has been lifted.
After the expiration of the period of validity of a service-related penalty - demotion to a lower position or awarding of a lower qualification rank, the prosecutor shall be promoted or awarded a higher qualification rank according to the procedure laid down in this Law.
The prosecutor may appeal in the court against the order imposing a service-related penalty in accordance with the procedure established by the Law on Administrative Proceedings within one month from the day he was communicated the order. Article
Procedure for Removing Prosecutors from Office
A prosecutor may be removed from office if he appears at his service under the influence of alcohol, narcotic drugs, psychotropic or toxic substances or refuses to take a health check or if there is ground to believe that he committed an act containing elements of misconduct in office or criminal act.
A prosecutor shall be removed from office by the Prosecutor General (Deputy Prosecutor General) or, on their instruction, the chief prosecutor of a territorial prosecutor's office (deputy chief prosecutor) for up to 45 days or, where there are grounds to suspect the prosecutor of having committed a criminal act and the Prosecutor General has launched a pre-trial investigation - pending the rendering of final judgement in criminal proceedings.
The service weapon, ammunition, the prosecutor's certificate, the prosecutor's badge and procedural documents shall be forthwith taken from the prosecutor who has been removed from office.
The prosecutor shall not be paid his salary during the period of his removal from office.
When the prosecutor who has been removed from office is dismissed, the day of dismissal shall be his last day in office before removal.
The prosecutor removed from office without a due cause shall be reinstated in the previous position, he shall be paid the salary due to him for the period and the time period shall be included in his length of service as a prosecutor. SECTION EIGHT DISMISSAL OF A PROSECUTOR FROM SERVICE Article
Grounds for Dismissal
A prosecutor shall be dismissed from service in the following cases: 1) upon resignation; 2) he has been imposed a service-related penalty – dismissal; 3) a court judgement of conviction becomes effective; 4) he loses citizenship of the Republic of Lithuania; 5) he fails to withdraw from the activities of political parties or political organisations, or otherwise violates the requirements of paragraph 2 of Article 21 of this Law; 6) he objects to being transferred to a lower position due to the imposition of a service-related penalty; 7) his position is abolished due to changes in the organisation of work of the public prosecutor's office and he objects to another position offered to him or there is no position that could be offered to him; 8) he is not suitable to serve as a prosecutor (based on the conclusion of the medical commission); 9) he is not suitable for the office on the basis of the conclusion of the Performance Evaluation Commission; 10) if any circumstance becomes known why the person could not have been admitted to service at the public prosecutor's office and appointed to a prosecutor's post; 11) he resigns after becoming entitled to a state pension of officers and servicemen; 12) he reaches 65 years of age; 13) he objects to being transferred to another position at the expiry of the appointment.
A prosecutor may be dismissed from service if: 1) he breaks the oath by his conduct; 2) he is found guilty of misconduct in office, although the imposed service-related penalty has not yet expired; 3) he is twice in a year missing from service for the entire day without good reason or is missing from service without good reason for two days in succession; 4) he fails twice to come to a meeting of the Performance Evaluation Commission without good reason; 5) he is absent from service by reason of temporary incapacity for work for over 120 calendar days in succession or over 140 calendar days during the last twelve months, except in cases where it is established by law that he shall retain his office for a longer period due to certain illnesses or health impairment in service; 6) he violates the Law on the Adjustment of Public and Private Interests in the Civil Service; 7) he is not issued authorisation to work with the classified information, where such authorisation is required by the Regulations of Competence; 8) he has reached the age of entitlement to a state pension of officers and servicemen.
Dismissal of a prosecutor on the grounds other than those specified in this Law shall be prohibited. Article
Requirements in the Event of Dismissal and the Procedure of Dismissal
A prosecutor shall be dismissed by an order of the Prosecutor General in accordance with the procedure established by this Law.
Dismissal of a prosecutor during the period of his temporary incapacity for work or during his leave shall be prohibited, except in the cases specified in subparagraphs 1-4 and 11 of paragraph 1 and subparagraph 8 of paragraph 2 of Article 44 of this Law. If the prosecutor is dismissed in violation of the above provision, the day following the termination of his leave or temporary incapacity for work shall be considered as the day of his dismissal.
Dismissal of a pregnant prosecutrix shall be prohibited, except in the cases specified in subparagraphs 1-6, 9-12 of paragraph 1 and subparagraphs 1, 3, 6 and 8 of paragraph 2 of Article 44 of this Law.
Dismissal of a prosecutor who is alone raising a child under three years of age shall be prohibited, except in the cases specified in subparagraphs 1-6, 8-12 of paragraph 1 and subparagraphs 1-6 and 8 of paragraph 2 of Article 44 of this Law.
Dismissal of a prosecutor in the cases established in subparagraphs 7 and 12 of paragraph 1 and subparagraph 8 of paragraph 2 of Article 44 of this Law shall be authorised only upon a 2-month prior written notice. A prosecutor who is alone raising a child under 14 years of age as well as a prosecutor who has not more than 5 years left until the age of entitlement to a state pension of officers and servicemen or who is disabled shall be given a 4-month prior written notice of dismissal. In case of the prosecutor’s dismissal before the expiry of the period of notice, the data of his dismissal shall be postponed until the termination of the period of notice.
Prosecutors who are dead, declared dead in accordance with the procedure established by law, or declared missing shall be crossed off the List of Prosecutorial Positions by an order of the Prosecutor General.
When a prosecutor is dismissed or crossed off the List of Prosecutorial Positions, his service weapon, ammunition, personal protective means, the prosecutor's certificate, the prosecutor's badge, procedural documents and the property of the prosecutor’s office entrusted to him shall be taken from him. Article
Dismissal of a Prosecutor in Case of Resignation
A prosecutor shall have the right to resign upon filing with the Prosecutor General a written application 14 days in advance.
If the Prosecutor General has no objections, the prosecutor may be dismissed after the lapse of 3 days from the day of filing of the application for dismissal.
The prosecutor shall have the right to withdraw his resignation within 3 calendar days from the day of filing of the application for dismissal. Article
Severance Pay
When a prosecutor is dismissed in the cases established subparagraphs 7 and 8 of paragraph 1 and subparagraph 5 of paragraph 2 of Article 44 of this Law or when the Prosecutor General (Deputy Prosecutor General) is dismissed in the cases established in subparagraph 3 of paragraph 5 of Article 22 of this Law, he shall be paid severance pay in the amount of two average monthly salaries.
The severance pay established in paragraph 1 of this Article shall be increased 1.5 times for a prosecutor with a record of over 5 years of service as a prosecutor, 2 times for a prosecutor with a record of over 10 year of service as a prosecutor; 2.5 times for a prosecutor with a record of over 15 years of service as a prosecutor, 3 times for a prosecutor with a record of over 20 years of service as a prosecutor. Article
Reinstatement in Office
A person who has been communicated the Prosecutor's General order for dismissal from service may appeal against the order in the court within one month from the day of dismissal. Disputes concerning dismissals of prosecutors shall be resolved in accordance with the procedure established by the Law on Administrative Proceedings.
If the court declares the prosecutor's dismissal unlawful and reinstates the prosecutor in the previously held office, the prosecutor shall be paid his average monthly salary for the period of forced absence from service from the day of his unlawful dismissal until the day of enforcement of the court judgement.
If the court recognises the prosecutor's dismissal unlawful and establishes that the prosecutor may not be reinstated in his former office due to changes in the organisation of work of the prosecutor's office or due to other valid reasons, the prosecutor shall be awarded severance pay in the amount specified in Article 47 of this Law and the average monthly salary for the period of his forced absence from service from the day of his dismissal until the effective date of the court judgement.
The Prosecutor General shall, based on the court judgements specified in paragraphs 2 and 3 of this Article, cancel the unlawful order for the prosecutor's dismissal and remove the existing reasons for the order. SECTION NINE SOCIAL GUARANTEES FOR PROSECUTORS Article
Remuneration of Prosecutors The remuneration of prosecutors shall be determined by the Law on the Remuneration of State Politicians and State Officials. Article
Leave of Prosecutors
Prosecutors shall be entitled to 28 calendar days of paid annual leave.
Prosecutors whose length of service as a prosecutor is over five years shall be granted an additional calendar day for each subsequent year of service; however, the total duration of paid annual leave may not exceed 42 calendar days.
Prosecutors shall be granted annual leave in accordance with the procedure established by this Law and the Labour Code.
For irregular working hours and the performance on rest days and public holidays of prosecutorial duties provided for in the Code of Criminal Procedure and other laws and assigned by an order of the Prosecutor General or a Deputy Prosecutor General, prosecutors shall be compensated by granting them up to 14 additional calendar days of paid annual leave. Additional annual leave shall be granted in accordance with the procedure established by the Prosecutor General.
In cases of official necessity a prosecutor may be recalled from his annual leave by the Prosecutor General (Deputy Prosecutor General). The unused annual leave shall be granted to the prosecutor at another time.
Prosecutors may be granted the following special-purpose leave: 1) unpaid leave; 2) maternity leave; 3) paternity leave; 4) parental leave until the child reaches three years of age; 5) educational leave; 6) in-service training leave; 7) relocation leave.
A prosecutor may, at his request, for family or other valid reasons, be granted annual unpaid leave for up to one month. The duration of unpaid leave shall be included in the length of service as a prosecutor.
Maternity leave, paternity leave, parental leave until the child reaches three years of age and educational leave shall be granted in accordance with the procedure established by the Labour Code.
A prosecutor who has served for two years after the first satisfactory performance evaluation may be granted by the Prosecutor General once in five years a in-service training leave for the duration of up to one year. The prosecutor shall retain his position during the in-service training leave, without being paid his salary, whereas the period of this leave shall be included in his length of service as a prosecutor.
A prosecutor who is changing his place of residence due to his transfer to another post in another location shall be granted up to 5 calendar days of relocation leave and shall be paid his salary for this period. If the prosecutor is transferred to another post in case of official necessity, the relocation expenses incurred by him and his family shall be compensated in accordance with the procedure established by the Government. Article
Prosecutors' Right to Pensions Prosecutors shall have the right to receive a state pension of officers and servicemen and a state social insurance pension in accordance with the procedure and conditions established by the Law of the Republic of Lithuania on State Pensions of Officers and Servicemen and the Law of the Republic of Lithuania on State Social Insurance Pensions. Article
Other Social Guarantees for Prosecutors
If a prosecutor was intentionally killed in the line of duty, the State shall within a year pay a compensation in the amount of 120 monthly salaries in equal shares to his family – his children (adopted children) under 18 years of age or children born after his death, his spouse, father or mother, dependants who are incapable of working.
A prosecutor who perished in the line of duty shall be buried at the state expense.
A prosecutor whose health was intentionally impaired in the line of duty shall be paid a compensation by the State on the basis of the degree of incapacity for work or the severity of health impairment: 1) having lost 75-100 percent of capacity for work due to health impairment – in the amount of 60 monthly salaries; 2) having lost 60-70 percent of capacity for work due to health impairment – in the amount of 48 monthly salaries; 3) having lost 45-55 percent of capacity for work due to health impairment – in the amount of 36 monthly salaries; 4) in case of severe health impairment – in the amount of 24 monthly salaries; 5) in case of minor health impairment – in the amount of up to 12 monthly salaries.
The factual circumstances of the prosecutor's death, intentional murder or health impairment in the line of duty shall be established by a court decision or in accordance with the procedure established by the Prosecutor General.
The prosecutor who received a compensation for health impairment which later resulted in the loss of working capacity shall be paid the difference between the compensation due to him according to the lost working capacity and the amount of compensation paid out to him.
The prosecutor’s medical expenses incurred as a result of health impairment in the line of duty as well as expenses related to psychological consultations after the use of a firearm shall be compensated by the State in accordance with the procedure established by the Government.
Prosecutors shall be covered by state social insurance and compulsory health insurance in accordance with the procedure established by law.
A prosecutor who has no accommodation at the location of his service may be assigned employee accommodation in accordance with the procedure established by the Prosecutor General.
A prosecutor shall be reimbursed his business trip expenses in accordance with the procedure established by the Government.
A prosecutor experiencing financial difficulties because of his illness or the illness or death of his family member, or a natural disaster, loss of property and in other exceptional cases may be granted a benefit in the amount of up to 5 minimum monthly salaries. The benefit shall be paid from the remuneration funds of the prosecutor’s office.
Prosecutors shall not be called up for the mandatory military service. Article
Health Checks of Prosecutors
Prosecutor must every five years undergo free health checks in accordance with the procedure established by the Prosecutor General, the Minister of Health and the Minister of the Interior.
Based on the conclusions of the official inspection, the Performance Evaluation Commission or the Ethics Commission, the Prosecutor General may order the prosecutor to undergo a health check and to present the conclusion of the medical commission concerning his suitability for the office. Article
Protection of a Prosecutor and his Property
Physical protection of the prosecutor and members of his family when there is real threat to their life, health or their property connected with the discharge of prosecutorial duties shall be guaranteed in accordance with the procedure established by the Government or an institution authorised by it.
Damage caused by stealing, damaging or destroying the property belonging to the prosecutor or members of his family connected with the discharge of judicial duties shall be compensated for by the State in accordance with the procedure established by the Government. SECTION TEN PERSONAL PROTECTION MEANS OF PROSECUTORS Article
Special Personal Protection Means of Prosecutors
Service firearms, ammunition and special personal protection means shall be handled, kept and issued at the prosecutor's office in accordance with the procedure established by an order of the Prosecutor General.
A prosecutor shall have the right to keep and carry service firearms, ammunition and special personal protection means upon the authorisation issued by the Prosecutor General. During his in-service training period the prosecutor shall not be issued service firearms and ammunition.
When using the firearms, ammunition and special personal protection means, a prosecutor shall endeavour to avoid heavy consequences for human life and health or for personal property. Having used the firearms, ammunition or special personal protection means, the prosecutor must: 1) take measures that the injured person be given medical aid; 2) organise protection of the place of the incident and of articles material for the investigation of the act; 3) notify the territorial police institution and the head of the territorial prosecutor's office thereof.
A prosecutor shall be prohibited from: 1) carrying the firearms, ammunition and special personal protection means when under the influence of alcohol, narcotic, psychotropic or toxic substances; 2) leaving them in storage in places not specially designed for that; 3) transferring them to other persons or providing conditions for other persons to use them; 4) modifying them.
Illegal use or loss of a firearm, ammunition or special personal protection means shall make the prosecutor liable under law. Article
Procedure for Using Firearms
A prosecutor may use a firearm only in the cases where all other possible obvious means have been exhausted or where their use is not possible due to the character of the assault: in self-defence or when defending another person from an ongoing or imminent health or life threatening assault; 2) when apprehending a person suspected of a criminal act and actively resisting detention; 3) when apprehending an arrested (detained) person who attempts to escape or has escaped when escorted under guard; 4) when defending a human attacked by an animal.
A prosecutor shall have the right to draw the firearms from the holster, get it ready for firing and fire into the air, if he has good reason to believe that he will be forced to use the firearms against a human or an animal or in case he has to give a danger signal. SECTION ELEVEN Final Provisions Article
Financing of the Public Prosecutor's Office
The activities of the public prosecutor's office shall be financed from the State budget. The public prosecutor's office shall have its expenditure estimate, whereas the Prosecutor General shall be the manager of appropriations allotted to the public prosecutor's office. The Prosecutor General’s Office may make separate expenditure estimates for territorial prosecutor's offices.
The Prosecutor General (Deputy Prosecutor General) shall represent the public prosecutor's office during deliberations of the State budget or appropriations allotted to the public prosecutor's office at the Seimas, the Government and other state institutions.
The State shall ensure by financial, organisational and technical measures appropriate working conditions for the service of prosecutors, the guarantees of the independence of prosecutors and social guarantees established by law. Article
Technical Supplies for the Public Prosecutor's Office
The public prosecutor's office shall manage, use and dispose of State property by the right of trust.
The public prosecutor's office shall have the right to rent premises and use the official residential premises assigned to it in accordance with the procedure established by the Government. Article
Institutions of In-service Training and Publications The public prosecutor's office shall have the right to set up institutions for the in-service training of prosecutors and to issue special publications in accordance with the procedure established by law. Article
Symbols of Prosecutors
The prosecutors' symbols shall be the gown with the State emblem of Lithuania, the prosecutor's certificate, the prosecutor's badge, the badge of honour or other badges of distinction. The procedure for their issuance and use shall be established by the Prosecutor General.
The prosecutor's certificate and the prosecutor's badge shall confirm his identity and grant the right to act according to law.
At the court hearing a prosecutor shall wear the prosecutor's gown with the State emblem of Lithuania.
The samples of the prosecutor's gown with the State emblem of Lithuania, the prosecutor's badge, the badge of honour or other badges of distinction shall be approved by the President of the Republic.
The procedure for hoisting the State flags and their use at the public prosecutor's office shall be established by the Prosecutor General in compliance with the effective legal acts. Article
Day of the Public Prosecutor's Office The professional holiday of prosecutors shall be March 30 – the Day of the Public Prosecutor's Office. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS

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