📄 Įstatymo tekstas
DĖL ĮTARIAMŲJŲ, KALTINAMŲJŲ IR NUTEISTŲJŲ REGISTRO NUOSTATŲ PATVIRTINIMO
IR VEIKLOS PRADŽIOS NUSTATYMO
GOVERNMENT OF THE REPUBLIC OF LITHUANIA
RESOLUTION No 435
of 18 April 2012
ON THE APPROVAL OF THE REGULATIONS FOR THE REGISTER OF SUSPECTS, ACCUSED AND CONVICTS AND THE ESTABLISHMENT OF THE BEGINNING OF OPERATION THEREOF
Vilnius
Acting pursuant to Article 3 of the Law of the Republic of Lithuania on the Register of Suspects, Accused and Convicts (Valstybės žinios (Official Gazette) No 86-4145, 2011), Article 20 and Article 23(1) of the Law of the Republic of Lithuania on the Management of State Information Resources (Valstybės žinios (Official Gazette) No 163-7739, 2011) and for the purpose of the implementation of the Council Framework Decision 2009/315/JHA of 26 February 2009 on the organization and content of the exchange of information extracted from criminal record between Member States (OJ L 93, 7.4.2009, p. 23), the Government of the Republic of Lithuania has r e s o l v e d:
1. To approve the Regulations for the Register of Suspects, Accused and Convicts (as appended).
2. To appoint the Information and Communications Department under the Ministry of the Interior, the Office of the President of the Republic of Lithuania, pre-trial investigation institutions and penal institutions – imprisonment institutions and probation services – as managers of the Register of Suspects, Accused and Convicts.
3. To establish the following:
3.1. The re-organized Register of Suspects, Accused and Convicts shall begin operating from 1 July 2012.
3.2. Until the reorganization of the Departmental Register of Suspects, Accused and Convicts into the Register of Suspects, Accused and Convicts the documents issued by the Information Technology and Communications Department under the Ministry of the Interior on the basis of the data from the Departmental Register of Suspects, Accused and Convicts shall remain valid after the reorganization of this Register.
Prime Minister Andrius Kubilius
Minister of the Interior Artūras Melianas
APPROVED by
Resolution No 435 of the Government
of the Republic of Lithuania
of 18 April 2012
REGULATIONS FOR THE REGISTER OF SUSPECTS, ACCUSED AND CONVICTS
I GENERAL PROVISIONS
1. The Regulations for the Register of Suspects, Accused and Convicts (hereinafter referred to as “the Regulations” and “the Register”) shall regulate the purpose of the Register, its subjects, Register administrator and its managers, Register data providers, their rights and obligations, the management of Register data and information content, interaction with other registers and information systems, the security of Register data and information content as well as the funding, reorganization and liquidation of the Register.
2. The purpose of the Register shall be to register the subjects of the Register, collect, accumulate, process, systematize, store, use and provide the data of the Register, Register information and documents as well as carry out other management activities in respect of the Register data and Register information.
3. The subjects of the Register shall be the following suspected, accused and convicted natural and legal persons:
3.1. natural and legal persons in respect of whom a notice of a suspicion has been filed;
3.2. natural persons recognized as suspects when they are hiding or whose location is unknown;
3.3. natural and legal persons accused in private accusation proceedings;
3.4. natural and legal persons against whom procedural decisions have been adopted during the pre-trial and trial stage of criminal proceedings;
3.5. natural and legal persons in respect of whom the enforcement of procedural decisions is pending in criminal proceedings.
4. The personal data of the Register shall be managed with the aim of prevention, investigation and judicial examination of criminal acts, enforcement of court judgements as well as the performance of the functions of law enforcement and other state and municipal institutions and bodies, both direct and those laid down in legal acts.
5. The Register shall be the state Register.
6. The data of the Register shall be accumulated in a single database. The Register shall comprise a database and a database archive.
7. The providers of data for the Register shall be pre-trial investigation institutions, the Prosecutor’s Office of the Republic of Lithuania and territorial prosecutor‘s offices, courts, bailiffs as well as competent institutions of foreign states.
8. The Register shall be managed in accordance with the Law of the Republic of Lithuania on the Management of State Information Resources (Valstybės žinios (Official Gazette) No 163-7739, 2011), Law of the Republic of Lithuania on the Register of Suspects, Accused and Convicts (Valstybės žinios (Official Gazette) No 86-4145, 2011), Law of the Republic of Lithuania on Legal Protection of Personal Data (Valstybės žinios (Official Gazette) No 63-1479, 1996; No 22-804, 2008), the Criminal Code of the Republic of Lithuania (the 1961 version), the Code of Criminal Procedure of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 37-1341, 2002) (hereinafter referred to as “the Code of Criminal Procedure“), the Penal Code of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 73-3084, 2002) (hereinafter referred to as “the Penal Code“), the Regulations and other international legislation as well as legal acts of the Republic of Lithuania and the European Union.
9. The main terms used in the Regulations shall correspond to the terms defined in the Law of the Republic of Lithuania on the Management of State Information Resources, Law of the Republic of Lithuania on the Register of Suspects, Accused and Convicts, Law of the Republic of Lithuania on Legal Protection of Personal Data, Law of the Republic of Lithuania on Probation (Valstybės žinios (Official Gazette) No 4-108, 2012), the Criminal Code of the Republic of Lithuania (the 1961 version), the Criminal Code, the Code of Criminal Procedure of the Republic of Lithuania (the 1961 version), the Code of Criminal Procedure, the Penal Code, the Council Framework Decision 2009/315/JHA of 26 February 2009 on the organization and content of the exchange of information extracted from criminal record between Member States (OJ L 93, 7.4.2009, p. 23) and Council Decision 2009/315/JHA of 6 April 2009 on the establishment of the European Criminal Records Information System (ECRIS) in application of Article 11 of Framework Decision 2009/315/JHA (OJ L 93, 7.4.2009, p. 33) (hereinafter referred to as “the ECRIS decision“).
II. REGISTER ADMINISTRATOR AND REGISTER MANAGERS
10. The administrator of the Register and the personal data managed within the Register shall be the Information Technology and Communications Department under the Ministry of the Interior (hereinafter “the Information Technology and Communications Department”).
11. The managers of the Register and the personal data managed within the Register shall be the Information Technology and Communications Department as well as the Office of the President of the Republic of Lithuania, pre-trial investigation institutions and penal institutions – imprisonment institutions and probation services (hereinafter “other Register managers”).
12. The Register administrator shall:
12.1. methodically direct the Register managers and coordinate the functioning of the Register;
12.2. conclude contracts on the provision of data for the Register;
12.3. co-ordinate the activities of Register managers, implement the supervision of those activities in accordance with established procedure;
12.4. monitor the compliance with the requirements of Register data and Register information security;
12.5. plan the annual budget of the Register and control its implementation;
12.6. examine the proposals of Register managers regarding the improvement of the Register’s operation and make decisions on them;
12.7. ensure the management of the Register in accordance with the Law of the Republic of Lithuania on the Management of State Information Resources, Law of the Republic of Lithuania on Legal Protection of Personal Data, the Regulations and other legal acts;
12.8. provide information about the operation of the Register;
12.9. perform other actions prescribed in the Regulations and other legal acts;
12.10. draft and adopt legislative acts related to the management of Register data and Register information content as well as the documents presented to the Register and their copies and the security of Register data and Register information content;
12.11. decide on the issues related to the development of the Register;
12.12. have other rights prescribed by the Law of the Republic of Lithuania on the Management of State Information Resources, the Regulations and other legal acts.
13. The Information Technology and Communications Department, acting as the Register administrator, shall:
13.1. register the subjects of the Register:
13.1.1. natural and legal persons in respect of whom a notice of a suspicion has been filed (where the pre-trial investigation is carried out by a prosecutor);
13.1.2. natural persons recognized as suspects when they are hiding or whose location is unknown (where the person is recognized as suspicious by a prosecutor);
13.1.3. natural and legal persons accused in private accusation proceedings;
13.1.4. natural and legal persons against whom, during pre-trial and trial investigations, procedural decisions have been made on the imposition, alteration, cancellation and extension of preventive and temporary procedural coercive measures in criminal proceedings;
13.1.5. natural and legal persons against whom, during pre-trial and trial investigations, procedural decisions have been made on combining, separating, terminating and resuming of pre-trial investigations in criminal proceedings;
13.1.6. natural and legal persons in respect of whom in a trial investigation procedural decisions on guilt, acquittal, termination of a proceedings, granting of pardon, application of coercive medical measures, enforcement and service of imposed penalties and punitive and reformative measures were made;
13.1.7. natural persons in respect of whom in a trial investigation procedural decisions on shortening of the term of conviction and overturn of conviction were made;
13.1.8. natural and legal persons with ongoing enforcement of procedural decisions in criminal proceedings and who have been imposed a penalty not related to imprisonment;
13.2. manage data and information content of the Register, be responsible for the security of the Register’s data and information content;
13.3. ensure the Register’s interaction with other relevant registers and information systems;
13.4. impose a time limit for data providers for the correction of drawbacks, if it determines that the data, information, documents and copies thereof submitted to the Register are inaccurate or do not conform to the requirements prescribed in legal acts;
13.5. establish the rules of procedure of the Register;
13.6. ensure a continuous operation of the Register;
13.7. ensure that the Register’s data and information content corresponds to the data indicated in the submitted documents and copies thereof;
13.8. ensure that the Register’s data is regularly updated;
13.9. ensure that incorrect, inaccurate or incomplete Register data and Register information are immediately corrected, updated or supplemented;
13.10. ensure that data recipients that received incorrect, inaccurate or incomplete Register data, Register information and documents and/or copies thereof submitted to the Register are informed about the corrections made;
13.11. perform other actions prescribed in the Regulations and other legal acts;
13.12. have the right to demand from data providers that the data, information, documents and copies thereof provided by them should be drafted appropriately, delivered in time and correspond to the data of the related registers and information systems;
13.13. have the right to draft and implement plans for the preparation and development of technical and programme measures for registers as well as register-related investment projects;
13.14. have other rights prescribed by the Regulations and other legal acts.
14. Other Register managers:
14.1. the Office of the President of the Republic of Lithuania shall:
14.1.1. register the subjects of the Register – natural persons with ongoing enforcement of judgements of conviction and rulings in criminal proceedings and who have been granted pardon by the President of the Republic of Lithuania;
14.1.2. manage Register data and Register information related to the subjects of the Register that are to be managed within their competence, be responsible for the security of the Register’s data and information content;
14.1.3. ensure that the subjects of the Register subject to an appropriate competence are registered in a timely and appropriate manner;
14.1.4. ensure that Register data to be managed according to an appropriate competence is regularly updated and the incorrect, inaccurate or incomplete Register data and Register information are immediately corrected, updated or supplemented;
14.1.5. upon request of and within the time limit indicated by the Information technology and Communications Department, enter the missing data and information into the Register database or correct, update or supplement the data and information that have already been entered;
14.1.6. have the right to submit proposals to the Register administrator regarding the improvement of the Register’s operation;
14.1.7. have other rights prescribed by the Regulations and other legal acts;
14.2. pre-trial investigation institutions shall:
14.2.1. register the subjects of the Register:
14.2.1.1. natural and legal persons in respect of whom a notice of a suspicion has been issued;
14.2.1.2. natural persons recognized as suspects when they are hiding or whose location is unknown;
14.2.1.3. natural persons with ongoing enforcement of judgements of conviction and rulings in criminal proceedings and against whom a preventive measure of arrest has been imposed and who are kept under custody in a territorial police body;
14.2.1.4. natural persons with ongoing enforcement of judgements of conviction and rulings in criminal proceedings and against whom a penalty of imprisonment has been imposed and who are kept under custody in a territorial police body;
14.2.2. manage Register data and Register information related to the subjects of the Register that are within their competence, be responsible for the security of the Register’s data and information content;
14.2.3. ensure that the subjects of the Register subject to an appropriate competence are registered in a timely and appropriate manner;
14.2.4. ensure that Register data to be managed according to an appropriate competence is regularly updated and the incorrect, inaccurate or incomplete Register data and Register information are immediately corrected, updated or supplemented;
14.2.5. upon request of and within the time limit indicated by the Information technology and Communications Department, enter the missing data and information into the Register database or correct, update or supplement the data and information that have already been entered;
14.2.6. have the right to submit proposals to the Register’s administrator regarding the improvement of the Register’s operation;
14.2.7. have other rights prescribed by the Regulations and other legal acts;
14.3. penal institutions:
14.3.1. the imprisonment institutions shall:
14.3.1.1. register the following subjects of the Register:
14.3.1.1.1. natural persons with ongoing enforcement of judgements of conviction and rulings in criminal proceedings and against whom a preventive measure of arrest has been imposed and who are kept in an imprisonment institution;
14.3.1.1.2. natural persons with ongoing enforcement of judgements of conviction and rulings in criminal proceedings and against whom a penalty involving a deprivation of liberty has been imposed and who are kept in an imprisonment institution;
14.3.1.1.3. natural persons with ongoing enforcement of judgements of conviction and rulings in criminal proceedings in respect of whom an act of pardon is applied and who are kept in an imprisonment institution;
14.3.1.2. manage Register data and Register information related to the subjects of the Register that are within their competence, be responsible for the security of the Register’s data and information content;
14.3.1.3. ensure that the subjects of the Register subject to an appropriate competence are registered in a timely and appropriate manner;
14.3.1.4. ensure that Register data to be managed according to an appropriate competence is regularly updated and the incorrect, inaccurate or incomplete Register data and Register information are immediately corrected, updated or supplemented;
14.3.1.5. upon request of and within the time limit indicated by the Information technology and Communications Department, enter the missing data and information into the Register database or correct, update or supplement the data and information that have already been entered;
14.3.1.6. have the right to submit proposals to the Register’s administrator regarding the improvement of the Register’s operation;
14.3.1.7. have other rights prescribed by the Regulations and other legal acts;
14.3.2. the probation services shall:
14.3.2.1. register the subjects of the Register – natural persons with ongoing enforcement of judgements of conviction and rulings in criminal proceedings and who have been granted and are undergoing probation supervision;
14.3.2.2. manage Register data and Register information related to the subjects of the Register that are within their competence, be responsible for the security of the Register’s data and information content;
14.3.2.3. ensure that the subjects of the Register subject to an appropriate competence are registered in a timely and appropriate manner;
14.3.2.4. ensure that Register data to be managed according to an appropriate competence is regularly updated and the incorrect, inaccurate or incomplete Register data and Register information are immediately corrected, updated or supplemented;
14.3.2.5. upon request of and within the time limit indicated by the Information technology and Communications Department, enter the missing data and information into the Register database or correct, update or supplement the data and information that have already been entered;
14.3.2.6. have the right to submit proposals to the Register’s administrator regarding the improvement of the Register’s operation;
14.3.2.7. have other rights prescribed by the Regulations and other legal acts.
III. REGISTER DATA AND REGISTER INFORMATION
I. General data on the Register’s subjects and classifications
15. The following general data on natural persons listed in paragraph 3 of the Regulations shall be managed in the Register:
15.1. identification code assigned sequentially to the Register’s subject upon registration of its data in Register database;
15.2. personal code (entered into the Register where a person has been assigned such in accordance with the procedure laid down in legal acts);
15.3. name (names);
15.4. surname (surnames);
15.5. date of birth;
15.6. place of birth;
15.7. gender;
15.8. nationality (nationalities);
15.9. place of residence;
15.10. alias (nickname);
15.11. father’s name;
15.12. father’s surname;
15.13. mother’s name;
15.14. mother’s surname;
15.15. type and reference number of identity document;
15.16. date of registration of the subject in the Register;
15.17. date of deregistration of the subject from the Register;
15.18. dates of changing of the subject’s data;
15.19. personal search data: category of the person sought (a suspect, accused or convict), reference number of a search file and date of beginning of search, name of the institution performing the search;
15.20. date on which previous conviction expires (or is expunged);
15.21. date of transfer of the subject‘s data to Register archives;
15.22. date of transfer of the subject‘s data from Register archives to Register database.
16. The following general data on legal persons specified in paragraph 3 of the Regulations shall be managed in the Register:
16.1. identification code which is sequentially assigned to the Register’s subject upon registration of its data in the Register’s database;
16.2. legal person’s code or value added tax payer’s code (when a legal person is not registered in the Register of Legal Entities of the Republic of Lithuania, but is registered as a VAT payer);
16.3. name of the legal person;
16.4. legal form of the legal person;
16.5. head office address of the legal person;
16.6. state where a foreign legal person is registered;
16.7. date of registration of the subject in the Register;
16.8. date of deregistration of the subject from the Register;
16.9. dates of changing of the subject’s data;
16.10. date of transfer of the subject‘s data to Register archives;
17. The following classifiers shall be used to manage Register data:
17.1. state institutions and authorities;
17.2. types of courts;
17.3. legal form of the legal person;
17.4. articles of the Penal Code;
17.5. types of penalties;
17.6. types of reformative measures;
17.7. types of punitive measures;
17.8. types of coercive medical measures;
17.9. types of preventive and temporary procedural coercive measures;
17.10. articles of the Code of Criminal Procedure (the 2002 version) regarding adopted procedural decisions;
17.11. articles of the Penal Code concerning the enforcement and service of imposed penalties;
17.12. acts of pardon;
17.13. states of the world;
17.14. currencies of the world;
17.15. central institutions of the European Union Member States;
17.16. grounds for rejection of communications by the European Union Member States;
17.17. categories of criminal acts and sanctions of the European Union;
17.18. types of procedural documents to be submitted to the Register;
17.19. aims of communications to the European Union Member States;
17.20. types of penalties recommended for the European Union Member States.
18. The general data indicated in paragraphs 15.10 and 15.12–15.15 of the Regulations shall be managed within the Register since the launch of the European Criminal Records Information System (ECRIS) and only in cases when they are transmitted by the central institutions of the European Union Member States appointed in accordance with the Framework Decision (hereinafter referred to as the “central institutions of the European Union Member States”).
II. Data and information on pre-trial investigation cases (with criminal cases initiated) and private accusation cases
19. Data on criminal cases brought against natural persons before 1 May 2003:
19.1. data on criminal cases initiated where interrogation and preliminary investigation has identified a suspect or the person has been accused:
19.1.1. name of an institution or authority which has instituted a criminal case;
19.1.2. date of institution of a criminal case;
19.1.3. reference numbers of the instituted criminal case and the case linked thereto or the isolated case;
19.1.4. article (paragraph, item) of the Criminal Code (version of 1961) providing for the criminal act in regard to which the criminal case is instituted;
19.1.5. name of the criminal act in regard to which a criminal case is instituted;
19.1.6. date of the decision to terminate a criminal investigation;
19.1.7. name of the institution or authority, the officer of which passed the decision to terminate the criminal investigation;
19.1.8. type of the decision to terminate a criminal investigation;
19.1.9. legal grounds of the decision to terminate a criminal investigation;
19.1.10. date of the decision to resume a criminal investigation;
19.1.11. name of the institution or authority, the officer of which passed the decision to resume a criminal investigation;
19.1.12. type of the decision to resume a criminal investigation;
19.1.13. legal grounds of the decision to resume a criminal investigation;
19.2. data on criminal cases instituted only on the basis of the victim’s complaint:
19.2.1. name of the court in which a criminal case has been instituted;
19.2.2. date of institution of a criminal case;
19.2.3. reference number of a criminal case;
19.2.4. article (paragraph, item) of the Criminal Code (version of 1961) providing for the criminal act in regard to which a criminal case has been instituted;
19.2.5. name of the criminal act in regard to which a criminal case has been instituted;
20. Data and information on pre-trial investigation and private accusation proceedings instituted against natural persons since 1 May 2003:
20.1. data on the pre-trial investigation instituted against a natural or legal person:
20.1.1. name of a pre-trial institution or prosecutor’s office in which a pre-trial investigation has been initiated;
20.1.2. date of initiation of a pre-trial investigation;
20.1.3. date of commission of a criminal act, of which a natural or legal person is suspected;
20.1.4. date from which a natural or legal person is recognized as a suspect;
20.1.5. date from which a natural person is recognized as a suspect when he/she is hiding or his/her location is unknown;
20.1.6. name of the institution or authority, the officer of which passed the decision to recognize a person as a suspect when he/she is hiding or his/her location is unknown;
20.1.7. type of the decision to recognize the person as a suspect when he/she is hiding or his/her location is unknown;
20.1.8. name of the prosecutor’s office or court, the officer of which passed the decision to terminate a pre-trial investigation, resume the terminated pre-trial investigation or combine or separate the pre-trial investigation;
20.1.9. case reference numbers of the initiated pre-trial investigation and of the pre-trial investigation combined with it or separated from it;
20.1.10. article (paragraph, item) of the Criminal Code providing for the criminal act in regard to which a pre-trial investigation has been initiated;
20.1.11. article (paragraph, item) of the Criminal Code providing for the requalification of a criminal act in regard to which a person has been recognized as a suspect;
20.1.12. article (paragraph, item) of the Criminal Code providing for the re-qualification of a criminal act in regard to which a person has been recognized as a suspect;
20.1.13. name of the criminal act in regard of which a pre-trial investigation has been initiated;
20.1.14. date of adoption of the prosecutor’s decision to combine, separate, terminate or resume a pre-trial investigation;
20.1.15. name of the prosecutor’s office, the officer of which made the decision to terminate a pre-trial investigation, resume a terminated pre-trial investigation or combine or separate a pre-trial investigation;
20.1.16. name of the court, the pre-trial judge of which approved the prosecutor’s decision to terminate or resume a pre-trial investigation;
20.1.17. type of the decision to combine, separate, terminate or resume a pre-trial investigation;
20.1.18. legal grounds of the decision to combine, separate, terminate or resume a pre-trial investigation;
20.1.19. type of the decision of the pre-trial investigation judge approving the prosecutor’s decision to terminate or resume a terminated pre-trial investigation;
20.1.20. date of the decision of a pre-trial investigation judge approving the prosecutor’s decision to terminate or resume a terminated pre-trial investigation;
20.1.21. date of the senior prosecutor's decision revoking the decision to terminate a pre-trial investigation;
20.1.22. name of the prosecutor’s office, the senior prosecutor of which passed the decision revoking the decision to terminate a pre-trial investigation;
20.1.23. legal grounds of the senior prosecutor's decision revoking the decision to terminate a pre-trial investigation;
20.1.24. decision to extradite a person to a foreign state;
20.1.25. decision to transfer the person’s prosecution to a foreign state;
20.1.26. name of the prosecutor’s office which has issued the bill of indictment;
20.1.27. date of issuance of the bill of indictment;
20.1.28. name of the court whereto the bill of indictment was transferred;
20.1.29. date of transfer of the bill of indictment to court;
20.1.30. date of returning of the bill of indictment to prosecutor’s office;
20.1.31. name of the prosecutor’s office whereto the bill of indictment has been returned;
20.2. data on a private accusation case initiated against a natural or legal person:
20.2.1. name of the court hearing a private accusation case;
20.2.2. date of adoption of the ruling to refer the victim’s complaint or his/her lawful representative’s application to the trial hearing (initiation of a private accusation proceedings);
20.2.3. date of commission of a criminal act of which a person is accused;
20.2.4. date from which a person is recognized as an accused;
20.2.5. reference number of a private accusation case;
20.2.6. article (paragraph, item) of the Criminal Code providing for the criminal act of which a person is accused;
20.2.7. name of a criminal act of which a person is accused.
21. Data and information indicated in paragraphs 20.1.5–20.1.7, 20.1.11, 20.1.12, 20.1.21–20.1.23, 20.1.25–20.1.31 of the Regulations shall be managed in the Register from the start of its operation.
III. Data on preventive measures imposed on natural persons and temporary procedural coercive measures
22. Data on preventive measures brought against natural persons before 1 May 2003:
22.1. date of the decision to impose, change or cancel a preventive measure or to extend the term of the preventive measure of detention;
22.2. name of the court or institution, the officer of which passed the decision to impose, change or cancel a preventive measure or to extend the term of the preventive measure of detention;
22.3. type of the decision to impose, change or cancel the preventive measure or to extend the term of the preventive measure of detention;
22.4. type of a preventive measure imposed, varied, lifted or extended;
22.5. term of the imposition and extension of the preventive measure of detention;
22.6. date of a person’s arrest;
22.7. name of the institution executing a person’s arrest;
22.8. date of a person’s arrival in the institution executing arrest;
22.9. date of a person’s departure from the institution executing arrest;
22.10. reason of a person’s departure from the institution executing arrest.
23. In the case of the imposed preventive measure of detention, the following data about a person detained shall be managed in the Register:
23.1. fingerprint formula numerator;
23.2. fingerprint formula denominator.
24. Data of preventive measures imposed on natural persons and temporary procedural coercive measures imposed on legal persons from 1 May 2003:
24.1. data of preventive measures imposed on natural persons:
24.1.1. date of the decision to impose, vary or lift the preventive measure or to extend the term of the preventive measure;
24.1.2. name of the court or institution, the officer of which passed the decision to impose, vary or lift the preventive measure or to extend the term of the preventive measure;
24.1.3. type of the decision to impose, vary or lift a preventive measure or to extend the term of preventive measure;
24.1.4. type of preventive measure imposed, varied, lifted or extended;
24.1.5. term of the imposition and extension of preventive measure;
24.1.6. conditions of the application of imposed preventive measures;
24.1.7. type and reference number of the seized document where the seizure of documents has been imposed as a preventive measure;
24.1.8. the amount of bail where bail has been applied as a preventive measure;
24.1.9. date of a person’s arrest;
24.1.10. name of the institution executing a person’s arrest;
24.1.11. date of a person’s arrival in the institution executing arrest;
24.1.12. date of a person’s departure from the institution executing arrest;
24.1.13. reason of a person’s departure from the institution executing arrest;
24.2. in the case of a preventive measure of arrest, data of the unique identification code of fingerprint card shall be managed in the Register;
24.3. data of the temporary procedural coercive measures imposed on legal persons;
24.3.1. date of the decision to impose, vary or lift a temporary procedural coercive measure or to extend the term thereof;
24.3.2. name of the prosecutor’s office, the officer of which applied to the court for the imposition, alteration or lifting of a temporary procedural coercive measure or extension of the term thereof;
24.3.3. name of the court, which passed the decision to impose, vary or lift a temporary procedural coercive measure or extend the term thereof;
24.3.4. name of the court, the pre-trial judge of which passed the decision to impose, vary or lift a temporary procedural coercive measure or to extend the term thereof;
24.3.5. type of a temporary procedural coercive measure imposed, varied, lifted or extended;
24.3.6. term of imposition and extension of a temporary procedural coercive measure.
25. The data indicated in paragraph 24.3 of the Regulations shall be managed in the Register from the start of its operation.
IV. Data and information on court decisions passed after investigation of criminal cases and on decisions amending them
26. Data and information on court decisions passed with regard to natural persons before 1 May 2003:
26.1. data of the decision made by the court of the first instance:
26.1.1. state where the court has made the decision;
26.1.2. name of the court which passed the decision;
26.1.3. date on which court decision was passed;
26.1.4. date from which court decision takes effect;
26.1.5. type of decision made by the court;
26.1.6. the decision of a person’s guilt or innocence or release from criminal liability;
261.7. article (paragraph, item) of the Criminal Code providing for a criminal act in regard to which a person is found guilty, innocent or released from criminal liability;
26.1.8. name of a criminal act;
26.1.9. legal grounds of a person’s acquittal or release from criminal liability;
26.1.10. final sentence imposed on a person (type and extent of the penalty);
26.1.11. enforced reformative measure (type of measure) imposed on a person;
26.1.12. decision to release the convicted person from the service of a sentence or to postpone penalty execution;
26.1.13. term of suspension of penalty execution;
26.1.14. decision to cancel the release from the service of a sentence or the suspension of penalty execution;
26.1.15. decision to include the penalty imposed by previous court decision (name of the court which passed the decision to include the penalty, date of adoption and type of the decision to include the penalty, type and size of the penalty to be included);
26.1.16. decision to include the preliminary imprisonment (arrest) into the penalty term;
26.1.17. decision to apply the act of pardon (date of adoption, number, article, paragraph, item of the act);
26.1.18. decision to apply (impose, vary, cancel) coercive medical measures;
26.1.19. type of a coercive medical measure imposed;
26.1.20. beginning of penalty enforcement;
26.1.21. decision to recognize the convicted person as a special dangerous recidivist or to cancel the person’s recognition as a special dangerous recidivist;
26.1.22. decision to overturn a person’s conviction;
26.2. data and information of decisions made by courts of appeal and cassation:
26.2.1. name of the court which passed the decision;
26.2.2. date on which court decision was passed;
26.2.3. type of decision made by the court;
26.2.4. decision to cancel the previous court decision and terminate the criminal case or to remit the criminal case for re-consideration to the court of the first instance or change the previous court decision;
26.2.5. date of adoption of the decision to be cancelled or changed, name of the court which passed thereof, type of the decision adopted;
26.2.6. article (paragraph, item) of the Criminal Code providing for the criminal act for which the decision is cancelled or changed (where the decision cancelled or changed is related to separate criminal acts);
26.2.7. article (paragraph, item) of the Criminal Code providing for a criminal act in regard to which the acquitted person is found guilty, the convicted person is acquitted or released from criminal liability;
26.2.8. name of a criminal act;
26.2.9. legal grounds of a person’s acquittal or release from criminal liability;
26.2.10. article (paragraph, item) of the Criminal Code providing for the criminal act to be re-qualified of which a person is found guilty;
26.2.11. article (paragraph, item) of the Criminal Code providing for the re-qualification of a criminal act pursuant to which a person is found guilty;
26.2.12. decision to cancel, change or impose a penalty;
26.2.13. final penalty(type and size of a penalty) imposed on a person;
26.2.14. decision to release the convicted person from the service of a sentence or to postpone the execution of changed or imposed penalty;
26.2.15. term of suspension of penalty execution;
26.2.16. decision to cancel the release from the service of a sentence or the suspension of penalty execution;
26.2.17. decision to include the penalty imposed by previous court decision (name of the court which passed the decision to include the penalty, date of adoption and type of the decision to include the penalty, type and size of the penalty to be included);
26.2.18. decision to include the preliminary imprisonment (arrest) into the penalty term;
26.2.19. decision to apply the act of pardon (date of adoption, number, article, paragraph, item of the act) and to reduce the penalty of the deprivation of liberty or release from it;
26.2.20. beginning of penalty enforcement;
26.2.21. decision to recognize the convicted person as a special dangerous recidivist or to cancel the person’s recognition as a special dangerous recidivist;
27. Data and information on court decisions passed with regard to natural and legal persons from 1 May 2003:
27.1. data and information on the decision passed by the court of the first instance in regard of a natural person:
27.1.1. state where the court has made the decision;
27.1.2. name of the court which passed the decision;
27.1.3. date on which court decision was passed;
27.1.4. date from which court decision takes effect;
27.1.5. type of decision passed by the court;
27.1.6. decision to separate or combine criminal cases;
27.1.7. decision of a person’s guilt or innocence or release from criminal liability and to terminate the criminal proceedings;
27.1.8. article (paragraph, item) of the Criminal Code providing for a criminal act in regard to which a person is found guilty, innocent or released from criminal liability;
27.1.9. article (paragraph, item) of the Criminal Code providing for the criminal act to be re-qualified of which a person has been found guilty;
27.1.10. article (paragraph, item) of the Criminal Code providing for the re-qualification of a criminal act for which a person has been found guilty;
27.1.11. criminal law of a foreign state under which a person has been found guilty;
27.1.12. name of a criminal act;
27.1.13. form of guilt of a criminal act and the type of gravity thereof;
27.1.14. legal grounds of a person’s acquittal or release from criminal liability;
27.1.15. penalty, punitive and reformative measures, obligations and injunctions under each criminal act (type and extent) imposed on a person;
27.1.16. final penalty, punitive and reformative measures, obligations and injunctions (type and size) imposed on a person;
27.1.17. decision to change or cancel the imposed penalty, punitive and reformative measures, obligations and injunctions;
27.1.18. decision to replace the remaining term of imprisonment penalty for a milder punishment or to re-qualify criminal acts;
27.1.19. decision to exempt the convicted person from the service of the penalty, postpone the execution of the penalty changed or imposed or extend the term of suspension of penalty execution;
27.1.20. term of suspension and extension of penalty execution;
27.1.21. decision to release the convicted person on probation before the expiration of the term or let out on parole;
27.1.22. decision to cancel the release from the service of the penalty, the suspension of penalty execution or extension of the term of suspension of penalty execution;
27.1.23. decision to cancel the release from imprisonment sentence on probation before the expiration of the term or letting out on parole from the institution of the deprivation of liberty and the transfer of the convicted person to serve the remaining sentence;
27.1.24. decision to include the penalty imposed by previous court decision (name of the court which passed the decision, date of adoption and type of the decision, type and extent of the penalty to be included);
27.1.25. decision to include the time spent in detention or arrest or the term of application of a coercive medical measure or the penalty imposed by previous court decision into the penalty term;
27.1.26. decision to apply the act of pardon (date of adoption, number, article, paragraph, item of the act) and to reduce the penalty of the deprivation of liberty or release from it;
27.1.27. beginning of penalty execution;
27.1.28. decision to apply (impose, vary, cancel or extend) coercive medical measures;
27.1.29. type of a coercive medical measure imposed;
27.1.30. term of extension of a coercive medical measure imposed;
27.1.31. decision to resume a criminal proceedings in respect of a person who was subject to a coercive medical measure;
27.1.32. decision to bring into conformity the penalty imposed by court decision of a foreign state with the requirements of the Criminal Code and the Penal Code;
27.1.33. decision to extradite a person to a foreign state;
27.1.34. decision to transfer the enforcement of the imposed penalty of fine to a foreign state;
27.1.35. decision to recognize the convicted person a special dangerous recidivist;
27.1.36. decision to shorten the term of a person’s conviction or to overturn conviction;
27.1.37. name of the court of the first instance which transferred the criminal case to the court of appeal;
27.1.38. name of the court of appeal where the criminal case was transferred;
27.1.39. date of transfer of a criminal case to the court of appeal;
27.1.40. name of the court of appeal, which returned the criminal case to the court of the first instance;
27.1.41. name of the court of the first instance where the criminal case was returned;
27.1.42. date of return of a criminal case to the court of the first instance;
27.2. data and information on decisions made by courts of appeal and cassation in regard to natural persons:
27.2.1. name of the court which passed the decision;
27.2.2. date on which the court decision was passed;
27.2.3. type of decision passed by the court;
27.2.4. decision of a person’s guilt or innocence or release from criminal liability and to terminate the criminal proceedings;
27.2.5. decision to cancel the previous court decision and terminate the criminal case or to remit the criminal case for re-consideration to the court of the first instance or change the previous court decision;
27.2.6. decision to suspend the enforcement of the previous court decision;
27.2.7. date of adoption of the decision cancelled, changed or the decision the enforcement of which has been suspended, name of the court which has adopted the decision, type of decision adopted;
27.2.8. article (paragraph, item) of the Criminal Code providing for the criminal act for which the decision is cancelled or changed (where the decision cancelled or changed is related to separate criminal acts);
27.2.9. article (paragraph, item) of the Criminal Code providing for a criminal act in regard to which the acquitted person is found guilty, the convicted person is acquitted or released from criminal liability;
27.2.10. legal grounds of a person’s acquittal or release from criminal liability;
27.2.11. article (paragraph, item) of the Criminal Code providing for the criminal act to be re-qualified of which a person has been found guilty;
27.2.12. article (paragraph, item) of the Criminal Code providing for the re-qualification of a criminal act for which a person has been found guilty;
27.2.13. name of a criminal act;
27.2.14. form of guilt of a criminal act and the type of gravity thereof;
27.2.15. penalty, punitive and reformative measures, obligations and injunctions under each criminal act (type and extent) imposed on a person;
27.2.16. final sentence, punitive and reformative measures, obligations and injunctions (type and extent) imposed on a person;
27.2.17. decision to cancel, change or impose a penalty, punitive and reformative measures, obligations and injunctions;
27.2.18. decision to release the convicted person from the service of a sentence or to postpone penalty execution;
27.2.19. term of suspension of penalty execution;
27.2.20. decision to cancel the release from the service of a sentence or suspension of penalty execution;
27.2.21. decision to include the penalty imposed by previous court decision (name of the court which has adopted the decision, date of adoption and type of the decision, type and extent of the penalty to be included);
27.2.22. decision to include the time spent in detention or arrest or the term of application of a coercive medical measure or the penalty imposed by previous court decision into the penalty term;
27.2.23. decision to apply the act of pardon (date of adoption, number, article, paragraph, item of the act) and to reduce the penalty of the deprivation of liberty or release from it;
27.2.24. beginning of penalty execution;
27.2.25. decision to recognize the convicted person as a special dangerous recidivist;
27.2.26. name of the court, which transferred the criminal case to the court of cassation;
27.2.27. date of transfer of a criminal case to the court of cassation;
27.2.28. name of the court whereto the court of cassation returned the criminal case;
27.2.29. date of return of a criminal case;
28. In the case of the imposed penalties of arrest, fixed-term imprisonment and life sentence, the data of the unique identification code of fingerprint card shall be managed in the Register.
29. Scanned copies of the information submitted by the central institutions of the European Union Member States concerning court judgements of conviction adopted, effective and recorded in the national registers of judgements in the territories of those states in regard of the nationals of the Republic of Lithuania and the scanned copies of the information on court judgements of conviction adopted and effective in the territories of those states or the scanned copies thereof submitted by the competent institutions of third countries specified in the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 (Valstybės žinios (Official Gazette), No 33-762, 1995) or in the international agreements signed by the Republic of Lithuania (hereinafter referred to as “the competent institutions of third states”).
30. Data on the scanned copies of the information or judgements of the central institutions of the European Union Member States and the competent institutions of third states: the convicted person’s data: name, surname, date of birth, place of birth, place of residence, the parents' names and surnames, criminal case reference number, date of adoption and effect of the judgement of conviction, name of the court which adopted the judgement, the penalty imposed, date of commission and name of a criminal act and, criminal law of a foreign state under which the person is found guilty, date of expiry (removal) of conviction under the national law of a foreign state.
31. Data and information on the judgement of conviction adopted in a European Union Member State:
31.1. date of adoption of a judgement of conviction;
31.2. date from which the judgement of conviction takes effect;
31.3. reference number of a judgement of conviction;
31.4. name of the court which has adopted the judgement of conviction;
31.5. penalty imposed;
31.6. later decisions modifying the penalty imposed or the conditions of its enforcement.
32. Data and information on a criminal act committed in a European Union Member State for which a person has been found guilty:
32.1. date of commission of a criminal act;
32.2. place of commission of a criminal act;
32.3. name of a criminal act;
32.4. criminal law of a foreign state under which a person has been found guilty;
32.5. code and criterion of a criminal act and the penalty imposed in accordance with the ECRIS decision.
33. Date on which conviction expires (is expunged) in accordance with the national law of a foreign country.
34. Mark on fingerprints which have been taken from the convicted person in a European Union Member State.
35. Data and information on the decision passed by the court of the first instance in regard of a legal person:
35.1. state where the court adopted the decision;
35.2. name of the court which adopted the decision;
35.3. date on which court decision was adopted;
35.4. date from which court decision takes effect;
35.5. type of decision adopted by the court;
35.6. decision to separate or combine criminal cases;
35.7. decision of a person’s guilt or innocence or release from criminal liability and termination of criminal proceedings;
35.8. article (paragraph, item) of the Criminal Code providing for a criminal act in regard to which a person is found guilty, innocent or released from criminal liability;
35.9. article (paragraph, item) of the Criminal Code providing for the criminal act to be re-qualified of which a person has been found guilty;
35.10. article (paragraph, item) of the Criminal Code providing for the re-qualification of a criminal act for which a person has been found guilty;
35.11. name of a criminal act;
35.12. form of guilt of a criminal act and the type of gravity thereof;
35.13. legal grounds of a person’s acquittal or release from criminal liability;
35.14. penalty imposed on a person under each criminal act (type and extent of the penalty);
35.15. final penalty(type and extent of the penalty) imposed on a person;
35.16. decision to cancel or change the penalty imposed;
35.17. decision to re-qualify criminal acts;
35.18. decision to include the penalty imposed by the previous court decision (name of the court which has adopted the decision, date of adoption and type of the decision, type and extent of the penalty to be included);
35.19. beginning of penalty execution;
35.20. term of the imposed penalties of restriction of operation of a legal person and liquidation of a legal person;
35.21. type of a forbidden activity of a legal person and the name of an appropriate subdivision of a legal person obligated to close where the penalty of liquidation of a legal person has been imposed;
35.22. type of an activity of the legal person required to be terminated and the name of an appropriate subdivision of the legal person obligated to close where the penalty of restriction of operation of a legal person has been imposed;
35.23. name of the court of the first instance which transferred the criminal case to the court of appeal;
35.24. name of the court of appeal whereto the criminal case was transferred;
35.25. date of transfer of the criminal case to the court of appeal;
35.26. name of the court of appeal, which returned the criminal case to the court of the first instance;
35.27. name of the court of the first instance whereto the criminal case was returned;
35.28. date of return of a criminal case to the court of the first instance.
36. Data and information on decisions made by courts of appeal and cassation in regard to legal persons:
36.1. name of the court which adopted the decision;
36.2. date on which court decision was adopted;
36.3. type of decision adopted by the court;
36.4. decision of a person’s guilt or innocence or release from criminal liability and termination of criminal proceedings;
36.5. decision to cancel the previous court decision and terminate the criminal case or to remit the criminal case for re-consideration to the court of the first instance or change the previous court decision;
36.6. decision to suspend the enforcement of the previous court decision;
36.7. date of adoption of the decision of cancellation, change of the decision, enforcement of which has been suspended, name of the court which has adopted the decision, type of decision adopted;
36.8. article (paragraph, item) of the Criminal Code providing for the criminal act for which the decision is cancelled or changed (where the decision cancelled or changed is related to separate criminal acts);
36.9. article (paragraph, item) of the Criminal Code providing for a criminal act in regard to which the acquitted person is found guilty, the convicted person is acquitted or released from criminal liability;
36.10. legal grounds of a person’s acquittal or release from criminal liability;
36.11. article (paragraph, item) of the Criminal Code providing for the criminal act to be re-qualified of which a person has been charged with criminal liability;
36.12. article (paragraph, item) of the Criminal Code providing for the requalification of criminal act of which a person has been charged with criminal liability;
36.13. name of a criminal act;
36.14. form of guilt of a criminal act and the type of gravity thereof;
36.15. decision to cancel, change or impose a penalty;
36.16. penalty imposed on a person under each criminal act (type and extent of the penalty);
36.17. final penalty (type and extent of the penalty) imposed on a person;
36.18. decision to include the penalty imposed by the previous court decision (name of the court which has adopted the decision to include the penalty, date of adoption and type of the decision to include the penalty, type and extent of the penalty to be included);
36.19. beginning of penalty execution;
36.20. type of an activity of a legal person required to be terminated and the name of an appropriate subdivision of a legal person obligated to close where the penalty of restriction of operation of a legal person has been imposed;
36.21. type of a forbidden activity of a legal person and the name of an appropriate subdivision of a legal person obligated to close where the penalty of liquidation of a legal person has been imposed;
36.22. name of the court, which transferred the criminal case to the court of cassation;
36.23. date of transfer of the criminal case to the court of cassation;
36.24. name of the court whereto the court of cassation returned the criminal case;
36.25. date of return of a criminal case.
37. Data and information indicated in paragraphs 27.1.34, 27.1.37–27.1.42, 27.2.14, 27.2.26–27.2.29, 35.9, 35.10, 35.12, 35.23–35.28, 36.14 and 36.22–36.25 of the Regulations shall be managed in the Register from the start of its operation.
38. Data and information indicated in paragraph 30 of the Regulations shall be managed within the Register only in the cases when they are included in the information or copies of judgements submitted by the central institutions of the European Union Member States and the competent institutions of third states.
39. Data and information indicated in paragraphs 31–34 of the Regulations shall be managed within the Register from the launch of the European Criminal Records Information System (ECRIS) and only in the cases when they have been transmitted by the central institutions of the European Union Member States.
V. Data and information on the enforcement and service of penalties imposed on natural persons
40. Data and information on the enforcement and service of penalties imposed on natural persons before 1 May 2003:
40.1. name of imprisonment institution where the convicted person is serving a sentence;
40.2. date of a person’s arrival in and departure from imprisonment institution;
40.3. reason of a person’s arrival in and departure from imprisonment institution;
40.4. date of entering a person's name into and its deletion from the records of the Correctional Inspectorate (Corrective Labour Inspectorate);
40.5. reason for entering a person's name into and its deletion from the records of the Correctional Inspectorate (Corrective Labour Inspectorate);
40.6. name of the Correctional Inspectorate (Corrective Labour Inspectorate), which has entered into and deleted from its records the person’s name;
40.7. decision of imprisonment institution to apply the act of pardon (date of adoption, reference number, article, paragraph, item of the act) and to reduce the penalty of the deprivation of liberty or release from it;
40.8. Application of the act of pardon issued by the President of the Republic of Lithuania (date of issuance, reference number, type and extent of the penalty reduced or the penalty from which the convicted person is released).
41. Data and information on the enforcement and service of penalties imposed on natural persons from 1 May 2003:
41.1. name of an imprisonment institution or detention facility of a territorial police body where the convicted person is serving a penalty of imprisonment or detention;
41.2. date of a person’s arrival in and departure from an imprisonment institution or detention facility of a territorial police body;
41.3. reason of a person’s arrival in and departure from an imprisonment institution or detention facility of a territorial police body;
41.4. date of the payment of a fine;
41.5. amount of the part of the fine paid (recovered);
41.6. remaining part of the fine not paid (not recovered);
41.7. name of the court or bailiffs’ office/bailiff (name and surname of the bailiff) which reported about the person’s voluntary payment of the fine or a forced recovery of the fine payment by criminal proceedings;
41.8. date of beginning and termination of execution of public works and imprisonment penalties, reformative and punitive measures and probation (date of entering a person's name into and its deletion from the records of the Correctional Inspectorate);
41.9. reason of beginning and termination of execution of public works and imprisonment penalties, reformative and punitive measures and probation (reason of entering a person's name into and its deletion from the records of the Correctional Inspectorate);
41.10. name of the probation service which enforces public works and imprisonment penalties, reformative and punitive measures and probation (name of the Correctional Inspectorate, which entered a person’s name into and deleted it from its records);
41.11. decision of the institution of imprisonment to apply the act of pardon (date of adoption, reference number, article, paragraph, item of the act) and to reduce the imposed penalty of the deprivation of liberty or release from it;
41.12. application of the act of pardon issued by the President of the Republic of Lithuania (date of issuance, reference number, ty …
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