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LAW ON COURTS

LAW ON COURTS official translation LAW ON COURTS 31 May 1994 No. I-480 Vilnius (As amended by 17 September 1996) Chapter I BASIC PRINCIPLES OF THE ACTIVITIES OF COURTS Article

  1. Administration of Justice In the Republic of Lithuania justice shall be administered exclusively by the courts. The court shall pass decisions and judgements in the name of the Republic of Lithuania. Court decisions, judgements and rulings shall, after having taken effect, be binding upon all state power and government institutions, enterprises, organisations and natural persons and must be executed over the entire territory of the Republic of Lithuania. Article
  2. Equality before the Law and in the Administration of Justice All persons shall be equal before the law and in the administration of justice. A person's rights may not be restricted or he may not be granted any privileges on the basis of his or her sex, race, nationality, language, origin, social status, religion, convictions or opinions. Article
  3. Presumption of Innocence A person shall be presumed innocent until proven guilty according to the procedure established by law and until declared guilty by an effective court judgement. Article
  4. The Right to Legal Defence In the Republic of Lithuania all its citizens shall have the right to legal defence against attempt on life and health, personal freedom, honour and dignity, other rights and freedoms guaranteed by the Constitution of the Republic of Lithuania and its laws, as well as to legal defence against illegal actions or omissions of government institutions and officers. Foreign nationals and stateless persons shall enjoy the same rights to legal defence as the citizens of the Republic of Lithuania unless the laws and international agreements provide otherwise. Enterprises and organisations shall also be entitled to legal defence. Article
  5. The Right to Legal Defence and Legal Assistance A person who is suspected of having committed a crime and the accused shall be granted the right to legal defence from the moment of their detention or the first inquiry, as well as the right to have the lawyer. In all cases legal assistance shall be provided by lawyers, and in cases provided by laws, by other persons as well. Article
  6. The Publicity of Court Proceedings and Adversarial Principle In all courts the hearing of cases shall be public. The hearing in camera may be held in order to protect the immunity of an individual's person, his private life and property, as well as provided the public hearing of the case may disclose the state, professional or commercial secret, however the resolutionary part of the decision and judgements shall be pronounced publicly. The cases shall be heard according to the adversarial principle. Article
  7. Use of Technical Devices in Court The court may use any technical devices for the recording of court procedings, evidence and its examination. Persons who are parties to a civil action or an action of the administrative violation of law, as well as parties to a criminal case and the prosecutor may make an audio or video recording of the court hearing for the performance of his functions. Other persons shall be prohibited from using audio-visual recording device, taking photos, or making audio or video recordings or from using other technical devices during court hearing. Persons who violate the prohibition to use technical devices during the court hearing shall incur liability under the law. Article
  8. The Language of Court Proceedings Court proceedings in the Republic of Lithuania shall be conducted in the state language. Persons who do not know the Lithuanian language shall be guaranteed the right to participate in court proceedings through the interpreter. This right shall also be guaranteed to persons who do not know the Lithuanian language and wish to speak during court proceedings in their native language or any other language designated by them. The costs of interpreter's services shall be covered from the state budget. Chapter II THE COURT SYSTEM IN THE REPUBLIC OF LITHUANIA Article
  9. The Courts of the Republic of Lithuania The courts of the Republic of Lithuania shall be district and county courts, the Court of Appeal of Lithuania and the Supreme Court of Lithuania. For the hearing of administrative, labour , family and other categories of cases specialised courts may be established, the status of which shall be determined by law. The courts shall be established by law. The courts with special powers may not be established in the Republic of Lithuania in the time of peace. The courts in the Republic of Lithuania shall have the rights of a legal person, possessing the seal with the State Emblem of Lithuania engraved on it. Only the citizens of the Republic of Lithuania may hold the office of judge. Article
  10. District Courts A district court shall consist of a chairperson, vice-chairpersons and other judges. Vice-chairpersons shall be appointed in such court in which at least six judges are employed. A distrcit court shall have jurisdiction over the territory determined by law. Article
  11. County Courts A county court shall consist of the chairperson, division chairpersons and other judges. A county court shall contain the Civil Cases Division and the Criminal Cases Division. A county court shall have jurisdiction over the territory determined by law. Article
  12. The Court of Appeal of Lithuania The Court of Appeal of Lithuania shall consist of the chairperson of the Court of Appeal, division chairpersons, and other judges. The headquarters of the Court of Appeal shall be in the capital of the Republic of Lithuania, Vilnius. Article
  13. The Supreme Court of Lithuania The Supreme Court of Lithuania shall consist of the Chairperson of the Supreme Court, chairpersons of divisions and other judges. The Supreme Court shall contain the Divisions of Civil Cases, Criminal Cases and the Supreme Court Senate. The headquarters of the Supreme Court shall be in the capital of the Republic of Lithuania, Vilnius. Article
  14. The Number of Judges The number of judges in district and county courts and in the Court of Appeal shall be fixed by the President of the Republic on the proposal of the Minister of Justice. The number of judges in the Supreme Court of Lithuania shall be set by the Seimas on the proposal of the President of the Republic, as recommended by the Chairperson of the Supreme Court. A district court must have at least two judges, one of whom shall be designated as the chairperson of a district court. Chapter III THE COMPETENCE OF COURTS Article
  15. The Competence of District Courts A district court is the first instance for: 1) civil cases; 2) criminal cases; 3) administrative cases; 4) cases relative to the enforcement of decisions and judgments; 5) passing of decisions (rulings) relative to the application of coercive measures established by laws; 6) in cases established by laws, for the investigation of complaints against the actions of an investigator or a prosecutor. In cases established by laws, judges of a district court shall perform the functions of a judge of pre-trial investigation. A district court judge shall not sit in the case in which he/she acted as a pre-trial judge. Article
  16. The Competence of County Courts The County Court shall be : 1) the first instance for civil cases assigned to their competence by law; 2) the first instance for criminal cases, assigned to their competence by law; 3) the instance of appeal for the decisions, judgments and rulings of district courts; 4) a cassation instance for the decisions, judgments, rulings of district courts, which have not been examined according to the appeal procedure. A county court shall provide consultations to judges on issues of the application of laws during their visits to district courts that are located within the territory of their jurisdiction, as well as in any other manner. Article
  17. The Competence of the Court of Appeal The Court of Appeal shall be the appellate instance for cases which have been heard by county courts as the courts of first instance, as well as the cassation instance for the decisions, judgments and rulings of county courts, passed according to the appeal procedure. Article
  18. The Competence of the Supreme Court The Supreme Court of Lithuania shall be the cassation instance for: 1) decisions, judgments and rulings of the Court of Appeal, passed in the appellate instance court; 2) decisions, judgments and rulings of county courts, passed in the first instance court. The Supreme Court Senate, on the proposal of the Chairperson of the Supreme Court, shall hear cases relative to the effective rulings of the collegiate bodies of the Supreme Court or cassation decisions of the Court of Appeal, if the decision of the Senate would be important for the formation of a uniform judicial practice in applying laws. The Supreme Court shall form uniform judicial practice in applying laws. It shall: 1) declare the decisions of the Supreme Court Senate, passed in the cases heard on the proposal of the Chairperson of the Supreme Court, and the decisions of the collegiate bodies of the Supreme Court and other courts, approved by the Senate. The interpretations of the application of laws provided for in court decisions, approved by the Senate, must be taken into account by courts, state and other institutions, as well as other subjects when applying the same laws; 2) analyze the judicial practice on issues of the application of laws; 3) provide consultations to judges on issues of the application of laws during their visits to county courts and the Court of Appeal that are located within the territory of their jurisdiction, as well as in any other manner. The Supreme Court may also provide consultations to district court judges. The Supreme Court shall issue a bulletin in which the following material shall be publish on a regular basis: 1) the decisions of the Supreme Court Senate, passed in the cases heard on the proposal of the Chairperson of the Supreme Court and the court decisions approved by the Senate; 2) methodological material concerning the application practice of laws, approved by the Supreme Court. The bulletin shall be financed out of the State Budget and from the proceeds from the sale thereof. The courts and judges of the Republic of Lithuania shall receive it free of charge. The activities of the Supreme Court shall be regulated by this law, the Statute of the Supreme Court of Lithuania approved by law and other laws. Chapter IV THE SUPREME COURT SENATE Article
  19. The Structure of the Supreme Court Senate The Supreme Court Senate shall consist of the Chairperson of the Supreme Court, division chairpersons, as well as five judges of the Civil Cases Division and five judges of the Criminal Cases Division, with seniority in service as judges of the Supreme Court. Other judges of the Supreme Court, other chairpersons of courts, their deputies, division chairpersons and other judges may participate in the meetings of the Supreme Court Senate with a deliberate vote, with the exception of sittings in which cases are heard. The Chairperson of the Supreme Court Senate shall act concurrently as the Chairperson of the Supreme Court. The Supreme Court Senate shall elect from its members the secretary of the Senate. Article
  20. The Competence of the Supreme Court Senate The Supreme Court Senate shall: 1) hear cases proposed by the Chairperson of the Supreme Court. The courts, state and other institutions as well as other subjects must take into account the interpretations of the application of laws provided in the decisions of the Senate, when applying the same laws; 2) approve court decisions the interpretation of which must be taken into account by courts, state and other institutions, as well as other subjects when applying the same laws; 3) investigate general results of the application of laws in judicial practice and publish them in the bulletin; 4) consider the candidates to the division chairpersons of this court, designated by the Chairperson of the Supreme Court; 5) appoint the Judges' Examination Commission of the Supreme Court and approve its regulations; 6) elect the Court of Honour of the Judges of the Supreme Court and approve the regulations thereof; 7) investigate appeals against the decisions of the Judges' Examination Commission and the Judges' Court of Honour. The decisions of the Supreme Court Senate on these issues shall be final. The Minister of Justice, the Prosecutor General, chairpersons of county courts and the Court of Appeal shall have the right to propose to the Chairperson of the Senate to discuss the issues of the application of laws in judicial practice, to attend the meetings of the Senate and to express their opinion on the issues under discussion. Article
  21. The Meetings of the Supreme Court Senate The meetings of the Supreme Court Senate, with the exception of hearings of the cases proposed by the Chairperson of the Supreme Court, shall be called by the Chairperson of the Senate no less frequently than once in a quarter. The agenda of the meeting shall be announced and the draft documents shall be delivered to the members of the Senate, the Minister of Justice, the Prosecutor General, chairpersons of county courts and the Court of Appeal not later than 10 days prior to the meeting. The meeting of the Supreme Court Senate shall be lawful if it is attended by no less than 2/3 of the members of the Senate. The resolution of the Supreme Court Senate shall be passed by open ballot. The resolution shall be deemed passed if the majority of the members attending the meeting of the Supreme Court Senate has voted for it. In the event of a tie vote, the vote of the presiding officer shall be decisive. The resolutions of the Supreme Court Senate shall be signed by its Chairperson and the secretary. The procedure of the court hearings of the Supreme Court Senate, in which the cases proposed by the Chairperson of the Supreme Court are heard, shall be established by the rules of the Code of Criminal Procedure and the Code of Civil Procedure. Article
  22. District Court Judges A person may be designated as a district court judge, if he has at least 25 years of age, has impeccable reputation, juridical university education and qualifies for district court judges under Article 221 of this Law, and has passed the district judge's examinations. The requirements of the candidates to district court judges shall not apply to persons who have been acting in a judicial capacity, or as a prosecutor, assistant prosecutor or a lawyer for five years. These persons may be designated as district court judges without having practised law as candidates to district court judges. A district court judge shall hear all legal cases over which a district court has juridiction. A person who has at least 23 years of age and has an impeccable reputation, university juridical education, meets the requirements of a candidate to district court judges under Article 221 and has passed the district court judge's examinations, may be also designated as a district court judge. Such judge, until he/she reaches 25 years of age, shall hear cases of administrative violations of law, civil cases concerning the exaction of alimony in favour of minors where there is no controversy and other cases provided by laws. Article
  23. Candidates to District Court Judges A candidate to a district court judge means a person who is going to practice law as a district court judge, appointed by the Minister of Justice as a candidate to judges and who must work on probation for 1 year and pass the district court judge's examinations. Persons who have an impeccable reputation, juridical university education but who have not practised law as judges or who have not practised law as a prosecutor, deputy prosecutor, assistant prosecutor, or a lawyer for 5 years, and willing to be district court judges may be appointed as candidates to district court judges. The district court candidate's work on probation shall be guided and his work shall be supervised by a district court judge, designated by the Minister of Justice. The judge under whose guidance the court candidate works on probation shall have the right to propose to the Minister of Justice to terminate employment contract with the candidate to judges, if he does not comply with labour laws, if it becomes evident that he won't be able to acquire the qualifications necessary for a judge due to his professional and personal characteristics or if his behaviour does not meet the demands of the judge's profession. A candidate to district court judges, having presented to the Ministry of Justice the supervisor's favourable opinion about his work on probation shall have the right to take the district court judge's examinations. The procedure for the admission of candidates to district court judges and of their work on probation, as well as their powers shall be established by the Ministry of Justice. Same restrictions shall apply with regard to candidates to district court judges as to district court judges. A candidate to district court judges shall receive 70 percent of the district court judge's monthly salary. Article
  24. Judges of County Courts and the Court of Appeal A person who has an impeccable reputation, juridical university education, has been practising law as judge for not less than three years, as a prosecutor, deputy prosecutor, assistant prosecutor or a lawyer- for five years, and has passed the county court judges' examinations, may be designated as a county court judge. A person who has an impeccable reputation, juridical university education, has been practising law as judge, a prosecutor, deputy prosecutor, assistant prosecutor or a lawyer for not less than five years and has passed the Court of Appeal judges' examinations may be designated as a judge of the Court of Appeal. Doctors of social sciences and habilitated doctors who have defended doctoral thesis on law may be designated as judges of county courts and the Court of Appeal without the examinations. Article
  25. Judges of the Supreme Court The following persons, if they have passed the Supreme Court judge's examinations, may be designated as a judge of the Supreme Court: 1) a judge of a county court or the Court of Appeal who has practised law as a judge for not less than ten years; 2) a prosecutor of the Office of the Prosecutor General attached to the Supreme Court, as well as the prosecutor of the former Office of the Prosecutor General who served in the capacity of a prosecutor for at least ten years; 3) doctor of social sciences who has defended the thesis on law. The following persons may be designated as judges of the Supreme Court without the examinations of the Supreme Court judge's examinations: 1) habilitated doctor of social sciences who has defended a thesis on law; 2) former judge of the Supreme Court ( also a judge of the Supreme Court which has been in operation prior to 31 December 1994), removed from his post of his own will, upon appointment to another post or transferred with his consent to another job. Article 241 The Eligibility of a Constitutional Court Judge to Hold the Office of a Judge Provided by this Law Upon termination of his powers, a judge of the Constitutional Court may be appointed as a judge of district, county courts, the Court of Appeal or the Supreme Court without examinations. Article
  26. Restrictions on Holding Office of Judge A person may not hold the office of a judge who had been acting in the capacity of a judge, prosecutor, lawyer, notary, police or internal affairs officer and was dismissed from office for malfeasance. Chapter VI JUDGES' EXAMINATIONS Article
  27. Judges' Examination Commission The Judges' Examination Commission of the Courts of Lithuania, with the exception of the Supreme Court, shall be formed for a term of three years by the Chairperson of the Supreme Court and the Minister of Justice. The Chairperson of the Supreme Court shall designate three judges of the Supreme Court, and the Minister of Justice - two members of the Commission from the judges or persons having scientific degrees in law. The regulations of the Judges' Examination Commission shall be approved by the Chairperson of the Supreme Court and the Minister of Justice. Article
  28. The Examination Commission of the Supreme Court Judges The examination commission of the Supreme Court judges shall be formed by the Supreme Court Senate from five persons for a term of three years. The regulations of the Supreme Court Judges' Examination Commission shall be approved by the Supreme Court Senate. Article
  29. Examinations of Judges The examinations of judges shall be taken by: 1) persons prior to their appointment as judges; 2) judges prior to their assignment to county court, the Court of Appeal and the Supreme Court. The examination programmes of district, county courts and the Court of Appeal judges shall be approved by the Chairperson of the Supreme Court and the Minister of Justice. The examination programme of the judges of the Supreme Court shall be approved by the Chairperson the Supreme Court. Article
  30. The Conclusions of the Judges' Examination Commission The Judges' Examination Commissions, after having examined judges or candidates to judges, shall lay down their opinion in the conclusions. The form of conclusions shall be prescribed by the regulations of the examination commissions. The conclusions of the Judges' Examination Commissions may, within ten days, be appealed against to the Supreme Court Senate. Chapter VII THE COUNCIL OF JUDGES AND GENERAL MEETING OF JUDGES Article
  31. The Competence and Composition of the Council of Judges The Council of Judges shall provide recommendations to the President of the Republic relative to the appointment, promotion, transfer or dismissal from office of judges. The Council of Judges shall consist of 9 members: the Chairperson of the Supreme Court, the Chairperson of the Court of Appeal and five judges elected by the general meeting of judges for a term of five years. The Council of Judges shall elect from their members a chairperson and a secretary. Article
  32. The Meetings of the Council of Judges The Chairperson of the Council of Judges shall call meetings on the proposal of the Minister of Justice or the Chairperson of the Supreme Court when it is necessary to appoint, promote, transfer or dismiss from office one or more judges. The meeting of the Council of Judges shall be lawful if its is attended by at least half of the members of the Council of Judges. The resolutions of a meeting of the Council of Judges shall be passed by open ballot. The resolution shall be deemed passed if the majority of members of the Council of Judges attending the meeting voted for it. In the event of a tie vote, the vote of the presiding officer shall be decisive. The resolutions of the Council of Judges shall be signed by its Chairperson and the secretary. Article
  33. General Meeting of Judges The first general meeting of judges shall be called by the Chairperson of the Supreme Court whereas subsequent meetings shall be called by the Chairperson of the Council of Judges. The general meeting of judges shall: 1) elect members of the Council of Judges; 2) elect the Court of Honour of Judges and its Chairperson; 3) approve the regulations of the Court of Honour of Judges; 4) resolve other issues. Chapter VIII APPOINTMENT OF JUDGES, COURT CHAIRPERSONS, DEPUTY CHAIRPERSONS AND DIVISION CHAIRPERSONS Article
  34. Appointment of District and County Court Judges, Chairpersons, Deputy Chairpersons and Division Chairpersons of these Courts Candidates to judges of district and county courts and their chairpersons shall be designated by the Minister of Justice. The judges of district and county courts shall be appointed by the President of the Republic on the proposal of the Minister of Justice, as recommended by the Council of Judges. Chairpersons of district and county courts shall be appointed from among the appointed judges by the President of the Republic on the proposal of the Minister of Justice, as recommended by the Council of Judges. Deputy chairpersons of district and county courts or court division chairpersons shall be appointed from among the appointed judges by the Minister of Justice on the proposal of the Chairperson of the court. Chairpersons and deputy chairpersons of district courts shall be appointed for a term of five years . Chairpersons of county courts and division chairpersons shall be appointed for a term of seven years. Article
  35. Appointment of Judges of the Court of Appeal, its Chairperson and Division Chairpersons The candidates to judges of the Court of Appeal and its chairperson shall be designated by the by the Minister of Justice. Judges of the Court of Appeal and from them -its chairperson shall be appointed by the President of the Republic on the proposal of the Minister of Justice and on the recommendation of the Council of Judges and with the approval of the Seimas. Division chairpersons of the Court of Appeal shall be appointed by the Minister of Justice from the appointed judges on the proposal of the Chairperson of this court. The Chairperson and division chairpersons of the Court of Appeal shall be appointed for a term of eight years. Article
  36. Appointment of the Judges, the Chairperson and Division Chairpersons of the Supreme Court The candidates to judges of the Supreme Court shall be designated by the Chairperson of the Supreme Court. The judges of the Supreme Court and from among them its Chairperson shall be appointed by the Seimas on the proposal of the President of the Republic. Division chairpersons of the Supreme Court shall be appointed from the appointed judos by the Seimas on the proposal of the President of the Republic on the recommendation of the Chairperson of the Supreme Court. The Chairperson of the Supreme Court and division chairpersons shall be appointed for a term of nine years. Article
  37. The Term of Office of Judges District court judges shall be appointed for the first time for a term of five years. Upon expiry of this term, district court judges, on the proposal of the Minister of Justice and on the recommendation of the Council of Judges shall be appointed until they reach 65 years of age. The judges of other courts of the Republic of Lithuania shall be appointed until they reach 65 years of age, whereas the judges of the Supreme Court until they reach 70 years of age. If a judge attains the age provided by law while the case is being heard, he shall continue to serve as judge until the case is settled or its hearing is suspended. Article
  38. Transfer of District and County Court Judges to any other Court of the same Type Judges of district and county courts shall be transferred, with their consent, to another court of the same type by the President of the Republic on the proposal of the Minister of Justice, as recommended by the Council of Judges. Article
  39. Replacement of District Court Judges In the event of illness of a district court judge or in his absence for some other reasons, the President of the Republic may, on the proposal of the Minister of Justice, assign temporarily his duties to the judge of another district court. Chapter IX COURT CHAIRPERSONS, DEPUTY CHAIRPERSONS AND DIVISION CHAIRPERSONS Article
  40. Court Chairpersons, Deputy Chairpersons and Division Chairpersons The court chairpersons shall administer justice and conduct the operation of courts, and in cases provided by laws, shall investigate appeals against other decisions passed by the judges according to the summary proceedings, shall organise the work of the office of the court clerk, admit and dismiss its clerical personnel and other employees. Deputy chairpersons of courts and division chairpersons shall administer justice and be responsible for the organisational matters of courts, assigned to them by the chairpersons of the respective courts. Court chairpersons, their deputies and division chairpersons shall have the same rights and duties while examining cases as other judges. Court chairpersons, their deputies and division chairpersons shall have no right to exert influence upon other judges when the latter administer justice or in any other manner to infrindge the independence of judges. Article
  41. Chairpersons of District Courts Chairpersons of district courts shall organise the working process of the judges in such a manner that they would have equal amount of work , as well as the work of judges in controlling the work of bailiffs' offices. Article
  42. Chairpersons of County Courts and the Court of Appeal Chairpersons of county courts and the court of Appeal shall appoint judges to the divisions of these courts. Article
  43. The Chairperson of the Supreme Court The Chairperson of the Supreme Court shall appoint judges to the divisions of this Court, call the Supreme Court Senate, call the first general meeting of judges, approve the rules of the clerk's office, approve the organisational structure of the Court, give recommendations to the President of the Republic as to what judges from those appointed he should propose to the Seimas for the appointment as chairpersons of the Supreme Court divisions. Article
  44. Substitution of Court Chairpersons In the absence of the chairperson of a county court, the Court of Appeal, and the Supreme Court, the division chairperson with seniority in service shall serve as the chairperson. In the absence of a district court chairperson, his office shall be taken by his deputy. In the absence of the chairperson in such district court wherein there is no deputy chairperson, the Minister of Justice shall assign the duties of the chairperson to one of the judges of that court. Chapter X INSIGNIA AND THE OATH OF JUDGES Article
  45. Insignia of Authority of Courts and Judges Pursuant to the procedure established by the President of the Republic thethe court rooms must contain the State Flag and the State Emblem of Lithuania. The insignia of authority of court judges of the Republic of Lithuania while administering justice shall be a gown a badge with the State Emblem engraved on it. The standards of the insignia of authority of the court judges of the Republic of Lithuania and the samples of the certificates of judges shall be confirmed by the President of the Republic. During the court hearings lawyers and prosecutors shall wear judges' gowns. Article
  46. Judge's Oath A person appointed as a judge before entering upon the duties of his office shall take and subscribe the oath administered either by the Seimas or the President of the Republic that appointed him: "I, the judge (surname, name) swear allegiance to the Republic of Lithuania, swear to administer justice only pursuant to laws, to defend human rights, freedoms and legitimate interests, always act honourably, humanely and never let my behaviour cause damage to the title of a judge. So help me God" The last sentence may be omitted from the oath. The oath shall be kept in his personal file in the court to which he was appointed. A judge shall take the oath wearing the judge's gown. After the oath the Speaker of the Seimas or the President of the Republic shall present to the judge the insignia of authority of the judge - a badge with the State Emblem engraved on it. The oath shall be valid during the entire uninterrupted length of service of a judge in the courts of the Republic of Lithuania. A person appointed as a judge may not hold office without having taken the oath. Chapter XI INDEPENDENCE OF JUDGES AND COURTS Articles
  47. Independence of Judges and Courts A judge and courts shall be independent while administering justice. While hearing the cases, the judges shall obey only the law. While adopting the decision, the court shall be governed only by the laws that do not contradict the Constitution of the Republic of Lithuania, the Government decrees that do not contradict the laws, and other legal acts that do not contradict the laws and Government decrees. The interference of government authorities and institutions, members of the Seimas and other officers, political parties and public organisations or individuals with the work of judges or the court shall be prohibited and shall incur responsibility provided by laws. The honour and dignity of the judge or the court shall be protected by the laws of the Republic of Lithuania. The laws shall provide for the responsibility for contempt or slander of a judge of the court. Meetings, pickets and other actions of groups or individual persons carried out closer than 75 meters from the court house and inside the court with the aim to exert influence on a judge or the court. Article
  48. Judicial Immunity A judge may not be prosecuted, arrested, may not be restricted in his personal freedom without the consent of the Seimas, and in the period between the sessions of the Seimas - without the consent of the President of the Republic. Only the Prosecutor General may institute criminal proceedings against a judge. If criminal proceedings are instituted against a judge, his powers shall be suspended by the Seimas, and between the Seimas sessions - by the President of the Republic. The powers of a judge shall be suspended until the final judgement is passed in a criminal case. Administrative action may not be brought against a judge. When a judge shall have committed an administrative violation of law, the material shall be transferred to the Minister of Justice or to the Chairperson of the Supreme Court in order to bring a disciplinary action against a judge. Article
  49. The Protection of Judges' Property A judge shall not be liable for the material damage caused to a party to the proceedings or a person who is a party to the case, resulting from an erroneous decision made through the fault of the court or a judge. This damage shall be reimbursed by the State in cases and according to the procedure provided by laws. The State shall have the right to recover the material damage with recourse to the judge through whose deliberate actions damage was caused to a person and was compensated by the State. Article
  50. Binding Effect of the Demands of Judges and Courts The demands of judges and courts when they administer justice shall be binding upon all natural persons, enterprises and organisations. The non-compliance with these demands shall incur responsibility provided by laws. Article
  51. Depolitisation of Judges A judge may not take part in the activities of political parties and other political organisations. Article
  52. The Work of the Judges Out of Court A judge may not hold any other elected or appointed post, be employed in business, commercial or any other private organisations or enterprises. He may receive no other salary except the salary of a judge and a compensation for educational or research activities. Judges may unite into judges' associations or other organisations that represent their interests. A judge of a district or county court may, with his consent, be dismissed from office by the Decree of the President of the Republic and transferred to the division of the Supreme Court of the Republic of Lithuania or the Ministry of Justice, which is directly associated with the organising and control of the operation of the courts, work as the executive, deputy executive or an expert. During his employment in such structure he shall retain all social guarantees provided for a judge, including the salary and the uninterrupted length of service. When the employment contract of such judge expires and he is reappointed to a similar court, he will not have to take judges' examinations. Chapter XII SOCIAL GUARANTEES OF JUDGES Article
  53. Judges' Pensions Judges shall be awarded pensions pursuant to the Republic of Lithuania Law on State Pensions. Article
  54. Provision of Judges with Accommodation Judges who have no dwelling in the place of his appointment shall be allotted office apartment. A judge shall be compensated for accommodation expenses in the manner prescribed by the Government decree until office apartment is allotted to him or until he acquires his private apartment. Article
  55. Judges' Holidays Judges' holidays shall be regulated by the Republic of Lithuania Law on Holidays. Holidays to the Chairperson of the Supreme Court shall be provided by the President of the Republic. Holidays to division chairpersons and other judges of this Court shall be provided by the Chairperson of the Supreme Court. Article
  56. Salaries and other Social Guarantees of Judges The salaries of judges shall be established by the laws of the Republic of Lithuania. Other social guarantees of judges shall be established by laws. Chapter XIII DISMISSAL, REMOVAL AND DISCIPLINARY RESPONSIBILITY OF JUDGES Article
  57. Dismissal of Judges Judges of the courts of the Republic of Lithuania shall be dismissed from office according to the procedure established by law in the following cases: 1) of his own free will; 2) upon the expiry of the term of office or upon attainment of pensionable age established by law; 3) because of illness; 4) in the case of appointment to another post or transfer, with his consent, to another job; 5) when by his behaviour causes damage to the title of a judge; 6) when court judgements convicting them enter into force. A judge may be dismissed from office because of illness only on account of the findings of the medical commission formed by the Minister of Health Care stating that a judge may not discharge his duties because of illness or its duration. The Chairperson of the Supreme Court and other judges shall be dismissed from office by the Seimas on the proposal of the President of the Republic. Division chairpersons of the Supreme Court shall be dismissed from office by the Seimas on the proposal of the President of the Republic, as recommended by the Chairperson of the Supreme Court. The Chairperson and other judges of the Court of Appeal shall be dismissed from office by the President of the Republic on the proposal of the Minister of Justice and on the recommendation of the Council of Judges, with the consent of the Seimas. Division chairpersons of the Court of Appeal shall be dismissed from office by the Minister of Justice. The chairpersons of other courts and other judges shall be dismissed from office by the President of the Republic on the proposal of the Minister of Justice, as recommended by the Council of Judges. Article
  58. Removal of Judges The Seimas may remove from office the Chairperson of the Supreme Court and the judges as well as the Chairperson of the Court of Appeal and judges for the gross violation of the Constitution of the Republic of Lithuania or breach of oath as well as when it is discovered that an offence has been committed, according to the impeachment proceedings. Article
  59. The Court of Honour of Judges Disciplinary action shall be brought against the judges before the Court of Honour of Judges. The Court of Honour of Lithuanian courts, with the exception of the Supreme Court, shall be elected from five members by the general meeting of judges for a term of five years according to the set up quotas: two district court judges and one judge from a county court, the Court of Appeal and the Supreme Court. The Court of Honour of Judges shall hear disciplinary actions brought against the judges pursuant to this law and the rules of the Court of Honour, approved by the general meeting of judges. The Court of Honour of the Supreme Court Judges shall be elected from three members by the Supreme Court Senate for a term of five years. The Court of Honour of the Supreme Court Judges shall hear disciplinary cases against the Supreme Court judges pursuant to this law and the rules of the Court of Honour of the Supreme Court judges, approved by the Supreme Court Senate. Article
  60. Disciplinary responsibility of Judges A disciplinary action may be instituted against a judge when the following causes accrue: 1) negligence at work ; 2) malfeasance discrediting the court; 3) behaviour discrediting the title of a judge; 4) commitment of an administrative violation of law. Disciplinary action may also be instituted against a judge for the repeated violations of the norms substantial and procedural law, established by the cassation or appellate instance court or for a single gross violation of these norms. If the judge commits, within one year of the imposition of the penalties on him on the grounds referred to in subparagraphs 1-3 of this paragraph and paragraph 2 of this Article, violations of the norms of substantial or procedural law for which the Court of Honour of Judges imposes a penalty on him, such behaviour of his shall also be qualified as discrediting the title of a judge. Disciplinary action against the Chairperson of a district, county courts and the Court of Appeal, their deputies, division chairpersons and other judges may be instituted by the Chairperson of the Supreme Court and the Minister of Justice. Disciplinary action against division chairpersons and other judges of the Supreme Court may be instituted only by the Chairperson of the Supreme Court. Article
  61. Imposition of a Penalty upon a Judge The Court of Honour of Judges, upon hearing and determining disciplinary action may: 1) acquit a judge; 2) confine itself to the hearing of the case; 3) dismiss the case if the action was not brought within the limitation periods; 4) reprove him; 5) issue a reprimand; 6) issue severe reprimand 7) recommend to dismiss him from office; The Court of Honour of Judges may also recommend to the Seimas to initiate impeachment proceedings against a judge of the Supreme Court, as well as the Chairperson and a judge of the Court of Appeal. The decision of the Court of Honour may be appealed against to the Supreme Court Senate within 10 days from its delivery. Chapter XIV THE HEARING OF CASES IN COURTS Article
  62. Hearing of Cases in a District Court The cases brought before a district court shall be heard by a single district court judge who shall adopt a decision in the name of the court. Article
  63. Hearing of Cases in County Courts, the Court of Appeal and the Supreme Court The cases brought before county courts, the Court of Appeal and the Supreme Court shall be heard by a collegiate body of three judges. The collegiate body shall be composed and its chairperson shall be appointed by a Chairperson of a respective court or division chairpersons thereof. The cases brought before the Supreme Court Senate shall be heard at the court hearing attended by at least two-thirds of the Senate members. In cases provided for in the laws governing proceedings, a judge shall hear cases and perform certain procedural actions alone and shall decide the case in the name of the court. Article
  64. Placing on Record of Court Proceedings The court proceedings shall be recorded by the clerk of the court who is a court officer. If the court proceedings are recorded stenographically, on sound-recording device or visual recording device, the stenographic record shall be attached to the minutes of the court hearing whereas video and audio recording shall be kept together with other material of the case until the court decision comes into force. The secretary of the court hearings before entering upon the execution of his duties of office shall subscribe the official pledge, the content and form of which shall be established by the Minister of Justice and the Chairperson of the Supreme Court. Chapter XV THE PROSECUTOR'S OFFICE Article
  65. The Structure of the Prosecutor's Office The structure of the prosecutor's office shall be as follows: 1) the Office of the Prosecutor General attached to the Lithuanian Supreme Court; 2) the County Prosecutor's Office attached to county courts; 3) District Pprosecutor's Office attached to district courts. Article
  66. Independence of a Prosecutor The prosecutors while exercising their powers shall be independent and shall observe only the law. Article
  67. Appointment and Dismissal of the Prosecutors The Prosecutor General shall be appointed and dismissed from office by the Seimas of the Republic of Lithuania on the proposal of the President. Other prosecutors shall be appointed and dismissed from office by the Prosecutor General on the grounds and according to the procedure provided for in the Law on the Prosecutor's Office of the Republic of Lithuania. Article
  68. The Participation of the Prosecutor in Administering Justice When an action is being heard in court, the prosecutor shall be a party to the action in the cases and according to the procedure established by laws. When a criminal case is heard in court the prosecutor may not have more rights than the counsel for the defence. Article
  69. Regulation and Financing of the Activities of the Prosecutor's Office The activities of the prosecutor's office and the status of the prosecutors shall be established by the Law on the Prosecutor's Office. The prosecutor's office shall be financed out of the State Budget and shall have its own budget of expenditure. Chapter XVI MISCELLANEOUS MATTERS CONCERNING THE OPERATION OF COURTS Article
  70. Court Operation Guarantees The working conditions in courts shall be guaranteed by the State. The operation of district, county courts and the Court of Appeal shall be guaranteed by the Minister of Justice, adhering to the principles of the independence of the court and judges activities provided herein and of the courts. The Minister of Justice shall arrange for the improvement of qualifications of judges, the financial material-technical supply of district, county courts and the Court of Appeal. The financial and material-technical supply of the Supreme Court shall be guaranteed by the Government of the Republic of Lithuania, adhering to the principles of the independence of the court and judges activities provided herein and the courts. The Chairperson of the Supreme Court shall arrange for the improvement of qualifications of the judges of this Court. Article
  71. Statistical Reports on the Court Activities The courts shall prepare annual, semi-annual and other statistical reports. The forms of statistical reports of courts shall be established by the Minister of Justice. The statistical reports shall be submitted in the established order to the Minister of Justice. In the Ministry of Justice the statistical reports shall be generalised and analysed, and the courts shall be familiarised with them. Statistical data shall be submitted to the Statistics Department and may also be submitted to other institutions. Article
  72. Office of the Clerk of Court Every court shall contain the office of the clerk of court. The chief of the clerk's office shall be responsible for the operation of his office. In the courts containing divisions, the chairperson of the division shall be in charge of the operation of the clerk's office. The constituent part of the office of the clerk shall be the record -keeping office. The registrar shall be responsible for the operation of the record-keeping office and in courts where there is no such position - the chief of the clerk's office. The rules of the clerk' office of district and county courts and the Court of Appeal shall be approved by the Minister of Justice. Article
  73. Communication of Courts The courts shall communicate with foreign courts and other foreign institutions through the Ministry of Justice, unless the laws of the Republic of Lithuania or international agreements concluded with other states provide otherwise. Article
  74. The Relationship of the Courts with Governmental and other Institutions The Ministry of Justice shall inspect and audit business and financial activities of district and county courts and the Court of Appeal as well as inspect the organisational work of these courts in accordance with the procedure established by the Minister of Justice. The Ministry of Justice and the courts providing consultations shall co-ordinate the actions between themselves, that are within their jurisdiction. Business and financial activities of the Supreme Court shall be inspected by the commission formed by the Seimas. The correctness of the collection of state fees and charges by the courts may be inspected by the State Tax Inspectorate. These institutions may not inspect other activities of the courts. While inspecting the courts, it shall be prohibited to exert influence upon the work of the judges when they administer justice or in any other manner to infringe the independence of judges and courts. Chapter XVII BAILIFFS Article
  75. Execution Process Court decisions and other writs of execution established by laws shall be executed by bailiffs. The demands of the bailiff in the execution process shall be binding upon all natural and legal persons, institutions and organisations of the Republic of Lithuania. In the execution process bailiffs shall observe the laws and the rules of the execution process, approved by the Minister of Justice. Article
  76. Execution of the Decisions of Foreign Courts and Arbitration Courts In the Republic of Lithuania the procedure for the execution of the decisions entered by foreign and arbitration courts shall be established by relevant international agreements and the laws of the Republic of Lithuania. Article
  77. Bailiffs' Office The bailiff's office is a legal entity attached to a district court, having its seal with the State Emblem engraved on it and a bank account. The territory over which bailiffs' office has jurisdiction shall coincide with the territory over which a district court has its jurisdiction. The bailiffs' office shall be composed of a senior bailiff, a senior bailiff's deputy, other bailiffs, employees in charge of the keeping of records and other employees. A senior bailiff's deputy shall be appointed provided at least six bailiffs are employed in a bailiffs' office. The bailiff's office must have at least two bailiffs, one of whom shall be designated as senior bailiff. Article
  78. Bailiffs A bailiff is an officer. The position of a bailiff may be held by a person who is at least 21 years of age and is a citizen of the Republic of Lithuania, usually having a higher or high juridical education and who has passed bailiffs' examinations. When concluding an employment contract with a bailiff, a three -month probation period shall be assigned. If during this period it becomes evident that his performance is unsatisfactory and he failed to pass examinations, the bailiff shall be dismissed from office pursuant to Article 14 of the Law on the Employment Contract. Bailiffs shall be hired and dismissed from office, their number shall be determined by the Minister of Justice, taking into consideration the recommendations of the Chairperson of a district court. Article
  79. Senior Bailiff The senior bailiff shall be designated by the Minister of Justice. The senior bailiff shall run the business of the bailiffs' office, organise and control the work of the bailiffs, hire or dismiss clerical personnel and other employees, grant holidays to other bailiffs. Article
  80. Deputy of the Senior Bailiff The Deputy of the Senior Bailiff shall be chosen from among the bailiffs, on the proposal of the Senior Bailiff. The Deputy of the Senior Bailiff shall perform the actions of the execution and be responsible for the tasks assigned to him by the Senior Bailiff. Article
  81. Bailiffs' Examination Commission The bailiffs' examination commission shall be formed and the bailiffs' examination programme shall be approved by the Minister of Justice. Article
  82. The Responsibility of a Bailiff A bailiff shall be liable for the damage inflicted through his fault. The Ministry of Justice shall conclude a written contract relative to his full liability. For the violation of labour discipline, a bailiff shall incur disciplinary responsibility pursuant to labour laws. Article
  83. Audit and Inspection of Bailiffs' Office The operation of the bailiffs' office shall be audited and inspected by the Minister of Justice. The operation of the bailiffs' office may be inspected according to their competence by the State Control Department, financial and other institutions. District courts shall control the work of the bailiffs'' office attached to it according to the procedure established by the Ministry of Justice. The Ministry of Justice shall establish auditor's groups attached to county courts, subordinate to it. Article
  84. Bailiffs' Pensions Bailiffs' pensions shall be regulated by the Republic of Lithuania Law on State Pensions. Article
  85. Provision of Bailiffs with Accommodation Bailiffs who have no dwelling shall be allotted office apartment in accordance with the procedure established by laws. A bailiff shall be compensated for accommodation expenses in the manner established by the Government until office apartment is allotted to him or until he acquires his own apartment. Article
  86. Bailiffs' Holidays Bailiffs' holidays shall be regulated by the Republic of Lithuania Law on Holidays. Holidays to the Senior Bailiff shall be provided by the Chairperson of that district court to which bailiffs' office is attached. Holidays to other bailiffs shall be provided by Senior Bailiff. Article
  87. Salaries and other Social Guarantees of Bailiffs The salary of a bailiff shall be set by the laws of the Republic of Lithuania. Other social guarantees of bailiffs shall be established by the laws of the Republic of Lithuania. Article
  88. Securing of Bailiffs' Actions If the debtor or other persons impede bailiff's entrance into the premises or do not let him to inspect storage facilities, or where he encounters resistance, as well as when he executes decisions concerning eviction, a bailiff may call for a police officer. The latter must arrive and ensure that a bailiff could perform execution actions. Article
  89. Examination of Appeals against Bailiff's Actions Appeals against the actions of a bailiff while executing the decision or against the omission thereof shall be examined by a county court. Article
  90. Uniform of a Bailiff A bailiff has a uniform approved by the Minister of Justice. While fulfilling his official duties, a bailiff must wear his uniform. I promulgate this law passed by the Seimas of the Republic of Lithuania ALGIRDAS BRAZAUSKAS PRESIDENT OF THE REPUBLIC

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