official translation

official translation official translation REPUBLIC OF LITHUANIA LAW ON THE RULES OF PROCEDURE OF THE SEIMAS COMMISSION ON ECONOMIC CRIME INVESTIGATION Vilnius 10 June 1993, No.I-181

1. Purpose of the Commission The purpose of the Commission on Economic Crime Investigation (further - Commission) - to investigate economic crimes and malfeasance in office, as well as cases of corruption of state officers, and prepare decisions concerning control and restraint of these crimes.
2. Tasks of the Commission The tasks of the Commission shall be as follows: 1) to investigate decisions of state institutions, which cause spreading of economic crimes and malfeasance in office, as well as corruption, and to take measures to rescind such decisions; 2) to submit proposals to the Seimas, Government or other state institutions concerning examination of issues related to economic crimes, malfeasance in office, as well as corruption; and 3) to submit proposals to the Seimas or Government concerning amending of laws or other standard acts which create preconditions for economic crimes, malfeasance in office or corruption.
3. Forming of Commission and Provisional Groups of Investigation The Commission shall be formed in accordance with the procedure set forth in Article 622 of the Seimas Statute. The Commission shall form a provisional group of investigation to investigate a specific case. In addition to its members, employees of the Prosecutor’s Office, Department of State Control, Financial Examination Department in the Ministry of Finance, Ministry of Internal Affairs and other departments may be enlisted. They shall carry out instructions of the members of the Commission. One of the members of the Commission shall be appointed head of the provisional group of investigation. The Commission shall decide whether it is necessary to form a provisional group of investigation for examination of a separate issue, and shall set the term for its consideration.
4. Rights of the Commission The Commission shall co-operate with the Prosecutor’s Office, internal affairs and other law-enforcement bodies; upon co-ordination with the Prosecutor’s Office, shall have the right to familiarise itself with a criminal case or material available at these bodies, however, shall not interfere in their activities related to exercising of Prosecutor’s supervision, inquiry, investigation or justice. It shall consult the Prosecutor’s Office, Department of State Control, Security Service, and Ministry of Internal Affairs on assignments for their employees. Upon a written notice of the Chairman of the Commission or head of the provisional group, the Prosecutor’s Office, Department of State Control, Security Service and the Ministry of Internal Affairs shall submit notes about the available material to the Commission. The Commission shall have the right to invite former or present state officers, members of the Supreme Council and Seimas to the sittings, hear their reports, demand from them written or oral information about their activities on the issue examined by the Commission. For conducting investigation and examination, the Commission shall have the right to enlist specialists from other institutions, enterprises or organisations, and to pay them for the work in the established manner. Members of provisional groups of investigation shall be paid for the performed work as well. The Commission may address citizens through the mass media, requesting their assistance on the issue under examination. The Commission shall evaluate the received information, and decide whether it corresponds the reality. After that, an issue concerning assignment of this case to the competence of the Commission, and investigation thereof shall be considered. Article
5. Rights of the Members of the Commission While performing their functions, the members of the Commission shall have the right in accordance with the procedure established by laws: 1) to obtain written or oral comments from officers or other persons; 2) to obtain source documents, cost estimates, contracts, orders, directives and other documents disclosing economic and commercial activities; 3) to obtain from heads and other employees of enterprises, institutions and organisations oral, written explanations or notes on issues under examination; and 4) to obtain from the Bank of Lithuania, credit and commercial banks, institutions, enterprises and organisations data, information about shareholders, financial and other operations related to the object under investigation. In the cases of refusal to give an explanation, evidence or furnish the requested information, a report shall be drawn up which shall be considered by the Commission.
6. Duties of the Members of the Commission The members of the Commission must: 1) keep the information, which they have learnt in the course of their official duties, secret, if this information is a state, official or other secret protected by the law; and 2) not provide any information about investigation conducted by the Commission, persons connected with the investigation, material received in the course of investigation, until the findings of the Commission are not submitted to the Seimas and law-enforcement institutions.
7. Organisation of the Commission’s Work The Commission shall work according to the preliminary working schedule approved at the sitting of the Commission. Considering of an issue at the Commission may be started on the initiative of its member, on the ground of the information announced in the mass media, complaints of citizens, or information provided by officers. The Commission shall examine complaints of citizens transferred to it by the Seimas ombudsmen, provided that persons or matters, which are mentioned in the complaint, exceed the jurisdiction of the Seimas ombudsmen over the issues specified in Article
9. Results of Investigation The provisional group of investigation shall within the established period of time submit to the Commission a note concerning the material, collected by them, with findings and proposals. If the information under examination is not confirmed, this shall be indicated in the note, also stating the established circumstances and describing the performed actions of investigation. Upon completion of the investigation, head of the institution in which the investigation has been conducted, as well as officers whose action have been investigated, shall be familiarised with the investigation results. The note and findings of the provisional group of investigation shall be considered at the sitting of the Commission. Upon completion of the investigation, the Commission shall adopt one of the following proposals or other decisions complying with laws: 1) to transfer the material to law-enforcement bodies, if evidences of the crime become clear; 2) to demand to relieve of their posts the officers who have committed the misdemeanour; for dismissal of the officer the procedure set forth in Chapter V of the Statute of the Department of State Control shall applied; 3) to recommend the head of the institution or higher authorities to impose disciplinary penalties on the officers who have committed the misdemeanour; 4) to draw officers’ attention to negligence in work, non-observance of laws, violations of official ethics; and 5) to reject a complaint, if violations indicated in it are not confirmed. Upon transferring the case to bodies of inquiry or preliminary investigation, the Commission shall further follow the course of investigation of the case. If the Commission does not agree with the decision of the bodies of inquiry or preliminary investigation, it may consider this decision in the presence of a representative of the bodies of inquiry or preliminary investigation, as well as the Prosecutor General. The Commission may propose the Bank of Lithuania to apply sanctions against commercial banks, which are provided for in the Law of the Republic of Lithuania on Commercial (Joint-Stock) Banks.
10. Announcement of Decisions The decisions of the Commission shall be adopted by simple majority vote of the members participating in the sitting. The members of the Commission who have expressed different opinions shall have the right to revise the official findings of the Commission. Upon notifying the Seimas of the results of the conducted investigation, the Commission shall inform the mass media. The data which are state, commercial, official or private life’s secret shall not be announced.
11. Rules of Procedure The Commission shall be formed according to the principle of proportional representation of the parliamentary groups. The Seimas may also establish a different procedure for forming of the Commission, however, representatives of one parliamentary group can never form the Commission. The members of the Commission shall not hinder in the work of institutions, organisations or banks, must refrain from public preliminary estimation and hasty conclusions until investigation is completed and findings of the Commission are not final. While verifying the received information, the Commission must determine: 1) whether the decisions mentioned in the information have been adopted or act (activity or inactivity) have been committed; 2) on what basis and under what circumstances this act has been committed; 3) whether decisions or actions mentioned in the information under examination contradict laws and other legal acts, whether the act of an officer contains an abuse of power; 4) what officers have committed violations, for what reasons (or purposes) it has been done and what is the fault of concrete officers; and 5) what facts or evidences prove the committed misdemeanour. In their activities the members of the Commission shall comply with the Constitution and laws of the Republic of Lithuania, observe the presumption of innocence. A sitting of the Commission shall be considered lawful if more than a half of its members are present. Decisions of the Commission shall be adopted by a majority vote of all the members participating in the sitting. The members of the Commission who have expressed different opinions, shall have the right to revise the official findings of the Commission. The sittings of the Commission shall be closed. The Adviser to the President of the Republic on the issues of national security, representatives of the Prosecutor’s Office, Department of State Control, Security Service, Ministry of Internal Affairs and Seimas Committees may take part in the sittings. Upon the consent of the Commission, other persons may also participate in its sittings. I promulgate this Law enacted by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS