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REPUBLIC OF LITHUANIA

REPUBLIC OF LITHUANIA REPUBLIC OF LITHUANIA LAW ON ORGANISED CRIME PREVENTION Chapter I GENERAL PROVISIONS Article

  1. Objective of the Law The Law prescribes the application of preventive measures in respect of a person who by his actions may restrict the rights and freedoms of other persons, creates conditions for the emergence and development of social and economic preconditions of organised crime, poses a threat to public security. Article
  2. Principles of Application of Measures Aimed at Preventing Organised Crime Preventive measures shall be applied based on the principles of lawfulness, protection of personal rights and freedoms, humanity, also agreement of the principles of persuasion and coercion. Article
  3. Preventive Measures In the event of presence of grounds provided for by Article 4 of this Law, the following preventive measures may be applied: 1) official warning; 2) registration in the operative-preventive register of the police; 3) court injunctions. Article
  4. Grounds for Applying Preventive Measures
  5. Preventive measures provided for by this Law may be applied with respect to a person regarding whom information has been received in the manner laid down by the laws of the Republic of Lithuania and there is sufficient ground to believe that the person: 1) may be connected with the activities of a criminal syndicate or may be a member of a criminal syndicate; 2) renders financial or material assistance to the criminal syndicate and provides it with information useful for the development of criminal activities; 3) may carry out an act of organised robbery, extortion, terrorising of a person, economic or financial crimes or other unlawful acts and thereby bring about grave consequences or cause extensive damage to the interests of the state, the public or individuals. Chapter II IMPLEMENTATION OF ORGANISED CRIME PREVENTION Article
  6. Passing of a Decision Concerning the Choice of Preventive Measure Judging by the information received in the manner established by law on the danger of the individual’s activity and acting based on the grounds set forth in Article 4 of this Law, the chief of the police institution or the police officer acting for him shall pass a decision regarding the choice of the preventive measure and expediency of its application. The decision shall be implemented by the police officer authorised by the chief of the police institution. Article
  7. Procedure for Implementing Preventive Measures
  8. When implementing the decision regarding the choice of preventive measures, the authorised police officer shall have the right to summon the person to the police institution and apply the measures provided for by paragraphs 1 and 2 of Article 3 of this Law.
  9. The decision concerning the application in respect of a person of preventive measures shall be formalised by a written resolution approved by the chief of the police institution.
  10. Upon deciding that it is expedient to issue a court injunction with respect to a person, the authorised police officer shall write out a proposal to court in the manner set forth in Article 13 of this Law.
  11. In the event that the person evades coming to the police institution an action may be instituted against him or he may be brought to the police institution in the manner laid down by law. Chapter III OFFICIAL WARNING Article
  12. The Concept of Official Warning Official warning is a written demand by an authorised officer requesting that a person should abide by the Constitution and laws of the Republic of Lithuania, should not restrict the rights and freedoms of other persons, should not infringe the law, also setting forth the possible legal consequences of violations. Article
  13. The Procedure of Issue of an Official Warning and the Related Consequences
  14. An official warning is presented to a person so that he would familiarise himself with it and sign it.
  15. Should the person being warned so request he must be issued an official copy of the official warning.
  16. The official warning issued to a person shall not restrict his rights and freedoms. Chapter IV OPERATIVE-PREVENTIVE REGISTER OF THE POLICE Article
  17. The Concept of the Operative-Preventive Register of the Police The operative-preventive register of the police is a system of information concerning persons and criminal syndicates by their actions posing a threat to public safety and in the position to create conditions for the emergence and development of social and economic organised crime prerequisites. Article
  18. Registration in the Operative-Preventive Register of the Police
  19. A person who has been issued an official warning but has not ceased his actions which jeopardise public safety, or a person relative to whose activities data has been received which is quite sufficient for applying stricter sanctions than preventive measures may be registered, on the decision of the chief of the police institution, in the operative-preventive register of the police for the period ranging from 6 months to 2 years.
  20. The operative-preventive register of the police shall be kept in the manner specified by the Ministry of the Interior.
  21. A person against whom court injunctions had been issued, shall also be included on the operative-prevention register.
  22. The person shall be informed of the inclusion into the police operative-prevention register and shall sign his acknowledgement thereof.
  23. The person may appeal his inclusion on the police operative-prevention register in accordance with the procedure established by laws. Article
  24. The Rights of the Police Officer who Supervises the Person Included on the Police Operative-Prevention Register
  25. The police officer who is supervising the person included on the police operative-prevention register, shall have the right to: 1) carry out operative activities according to the procedure established by laws; 2) require the person to come and receive his explanations concerning the circumstances being verified; 3) require submission of information regarding income received; 4) approach the heads of enterprises and organisations regarding submission of information belonging to their area of competence, regarding the person under supervision; 5) require the person to inform the police department about changing his place of residence or type of activity;
  26. The person must comply with lawful instructions or demands of the authorised police official in charge of supervision.
  27. The person shall be held liable according to the procedure established by laws for non-compliance with the authorised police officer’s lawful instructions and demands.
  28. The authorised police officer in charge of supervising the person must ensure the safety of the obtained information, which constitutes a state, service, industrial, commercial or bank secret. Article
  29. The Grounds for Removal from the Police Operative-Prevention Register
  30. A person shall be removed from the police operative-preventive register: 1) prior to the expiration of the previously - established term, when the obtained data shall indicate, that the preventive measures have accomplished the goals of prevention; 2) upon expiration of the established term, if no cause shall exist to support its continuation; 3) following recognition by the court, of inclusion upon the register as unlawful.
  31. According to the procedure established by the laws of the Republic of Lithuania, a person may appeal in court a refusal to have him removed from the police operative - prevention register. Chapter V COURT INJUNCTIONS Article
  32. The Procedure of Issuance of Court Injunctions
  33. An authorised police official, in the line of implementing a decision of the chief of a police institution or an official acting for him, regarding the expediency of issuing a court injunction to a person, shall have the right to summon that person to the police institution and to question him regarding the circumstances, due to which it shall be possible to approach the court for issuance of a court injunction.
  34. The authorised police officer, having examined the material at hand, shall write up a substantiated proposal, to have a court injunction issued against the person. The proposal shall include: 1) the surname and position of the authorised police officer, who compiled the substantiated proposal; 2) the name, surname, place of residence, nature of work (occupation), principal source of income, family status of the person for whom it is proposed to issue a court injunction; 3) reference as to the grounds established in Article 4 of this Law for preventive application of preventive measures; 4) the kinds, duration and conditions of the proposed injunctions; 5) documents added to the proposal include a decision on selecting preventive measures and the expedience of the application thereof, material prepared by the authorised police officer according to information obtained regarding the dangerousness of the person’s activity, and other documents.
  35. The justified proposal concerning the issuance of a court injunction to the person shall be examined and resolved by the district court chairman, county court judge or county court section chairman, with the person against whom the court injunction is proposed and the authorised police officer in attendance. The attorney may also participate in the examination of the material.
  36. The court shall examine the received proposal of issuance of an injunction against a person, no later than within 48 hours. Having heard the explanations and having become familiarised with the material, the judge shall adopt a decision to issue a court injunction against the person, or justifiably shall refuse to issue such an injunction.
  37. The person participating in deliberation of the proposal of a court injunction, shall have the right to present explanations to the judge. In addition, the judge shall become familiarised with all of the material presented by the authorised police officer, however, he shall not have the right to make the information public.
  38. The court injunction may be issued to cover a term from one to six months and may be extended for up to one year.
  39. Based upon a new proposal by the authorised police officer, the court shall extend the issued injunction in accordance with the procedure established in this Article, no later than within 48 hours of the receipt of the proposal.
  40. The person against whom a court injunction had been issued both himself and though his attorney, and also the authorised police officer, shall have the right to appeal the judge’s decision before a superior judge: that of the district court chairman to a county court judge, that of a county court judge to the county court section chairman, that of the county court section chairman to the county court chairman. Appeals shall be submitted within three days of adoption of the judge’s decision.
  41. Having appealed a court decision to issue a court injunction, the person must observe conditions of the injunction until the adoption of the final decision.
  42. The decision by a superior judge shall be final and not be subject to an appeal. Article
  43. The Types of Injunctions
  44. The court, having received the proposal concerning issuance of an injunction and having familiarised itself with the material submitted by the authorised police officer, may issue one or several injunctions against a person: 1) to live at the permanent place of residence indicated by the person; 2) not to maintain any contact with the persons specifically named, directly, through other persons by technical or other means; 3) to remain at the place of residence at the appointed time; 4) not to frequent the places indicated; 5) not to drive motor vehicles; 6) to inform the authorised police officer, who is in charge of supervision, concerning all transactions, the value whereof is in excess of 2,000 Lt.; and 7) to temporarily turn over for safekeeping by the police institution, a legally acquired firearm and not to have or keep other arms.
  45. In issuing court injunctions, the court shall establish the length of injunctions and conditions that must be observed. Article
  46. The Control of Court Injunction Implementation Police institutions shall control implementation of the injunctions issued by the court. Article
  47. The Consequences of non Implementation of Court Injunctions A person who has violated the injunctions established by the court, shall be held liable in accordance with the procedure established by laws. I promulgate this Law passed by the Seimas of the Republic of Lithuania. Algirdas Brazauskas President of the Republic 1 July 1997 No. VIII-353

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