Lithuania - Revision history

IBJadmin at 09:05, 6 May 2025

2025-05-06T09:05:10Z

← Older revision		Revision as of 11:05, 6 May 2025
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	{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"		{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"
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	\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;"> Legal Resources for ~~Andorra~~ </h2>		\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;"> Legal Resources for Lithuania </h2>
	*The Constitution of the Republic of Lithuania <ref>https://lrkt.lt/en/about-the-court/legal-information/the-constitution/192</ref>		*The Constitution of the Republic of Lithuania <ref>https://lrkt.lt/en/about-the-court/legal-information/the-constitution/192</ref>

IBJadmin: /* Rights of the Accused */

2025-02-27T14:57:27Z

Rights of the Accused

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 The Constitution of Lithuania and the Code of Criminal Procedure ensure that all accused persons have the following rights at all stages of criminal proceedings:
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 <li>'''Right Against Unlawful Detention:'''
 <br>- Freedom from Prolonged Pre-Trial Detention: Pre-trial detention is limited and must be reviewed by a judge (Articles 122–133 of the Code of Criminal Procedure).
 <br>
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 <li>'''Right Against Self-Incrimination:''' Protected under Article 31 of the Constitution and Article 6(1) of the ECHR.
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 <li><u>Standards of Proof and Standards for Conviction</u>: Conviction requires proof beyond a reasonable doubt (Article 305 of the Code of Criminal Procedure).
 <li><u>Freedom from Punishment Without Legal Basis</u>: No one can be punished except under lawfully established criminal procedures (Article 7 of the Criminal Code).
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 <li><u>Right to an Impartial Judge</u>:  Judges must be independent and impartial, protected by Article 109 of the Constitution and Article 6 of the ECHR.
 <br>

IBJadmin at 16:24, 18 February 2025

2025-02-18T16:24:25Z

← Older revision		Revision as of 18:24, 18 February 2025
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	<br>It regained independence from the Soviet Union in 1990, becoming the first republic to do so. Since then, Lithuania has undergone significant economic and political transformations, joining NATO and the European Union in 2004.		<br>It regained independence from the Soviet Union in 1990, becoming the first republic to do so. Since then, Lithuania has undergone significant economic and political transformations, joining NATO and the European Union in 2004.
	<br>Today, it is a rapidly developing country with a strong emphasis on innovation, sustainability, and European integration. Recent history has been shaped by its efforts to strengthen national security, economic growth, and cultural identity, particularly in response to regional geopolitical tensions. Despite its turbulent past, Lithuania has emerged as a modern, democratic nation with a strong economy and growing global influence.		<br>Today, it is a rapidly developing country with a strong emphasis on innovation, sustainability, and European integration. Recent history has been shaped by its efforts to strengthen national security, economic growth, and cultural identity, particularly in response to regional geopolitical tensions. Despite its turbulent past, Lithuania has emerged as a modern, democratic nation with a strong economy and growing global influence.


	<br>		<br>
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	<br>As an EU member, Lithuania incorporates EU regulations and directives into its legal system, affecting areas such as trade, competition, and human rights. Lithuania's legal system is consistent with those of other continental European nations and differs significantly from common law jurisdictions that rely on case law and judicial interpretation.		<br>As an EU member, Lithuania incorporates EU regulations and directives into its legal system, affecting areas such as trade, competition, and human rights. Lithuania's legal system is consistent with those of other continental European nations and differs significantly from common law jurisdictions that rely on case law and judicial interpretation.

			<br>

	==Legal Aid==		==Legal Aid==
	''State Sponsored legal aid''		''State Sponsored legal aid''
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	<br><br>N''umber of lawyers (criminal/civil)'' <br>Lithuania has approximately 2,500 licensed attorneys (advokatai) registered with the Lithuanian Bar Association. The exact breakdown between criminal and civil lawyers is not publicly available, but civil law specialists outnumber criminal lawyers due to the structure of the legal system.		<br><br>N''umber of lawyers (criminal/civil)'' <br>Lithuania has approximately 2,500 licensed attorneys (advokatai) registered with the Lithuanian Bar Association. The exact breakdown between criminal and civil lawyers is not publicly available, but civil law specialists outnumber criminal lawyers due to the structure of the legal system.

			<br><br>

	==Source of Defendants Rights==		==Source of Defendants Rights==

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	<br> Counsel is mandatory in serious cases, for minors, and those with disabilities. If unaffordable, State-Guaranteed Legal Aid Service appoints a public defender. Violations can lead to exclusion of evidence or appeal.		<br> Counsel is mandatory in serious cases, for minors, and those with disabilities. If unaffordable, State-Guaranteed Legal Aid Service appoints a public defender. Violations can lead to exclusion of evidence or appeal.

	<br>		<br><br>

	==Means of Protecting and Enforcing Rights==		==Means of Protecting and Enforcing Rights==
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	<br>		<br>
	<br>		<br><br>

	==Pre-Trial Procedure==		==Pre-Trial Procedure==
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	<br>- Seek judicial review of the interrogation methods.		<br>- Seek judicial review of the interrogation methods.

	<br>		<br><br><br>

	==Court Procedures==		==Court Procedures==
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	~~<br>~~
	<br>		<br>

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	<li><u>Protection for Pregnant Inmates</u> – Special medical care required.		<li><u>Protection for Pregnant Inmates</u> – Special medical care required.
	<li><u>Separation from Male Inmates</u> – Ensured under international prison regulations.		<li><u>Separation from Male Inmates</u> – Ensured under international prison regulations.

			<br><br><br>

	==Resources==		==Resources==

IBJadmin: /* Court Procedures */

2025-02-18T16:19:52Z

Court Procedures

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 ==Court Procedures==
-<li>'''Pre-Trial:'''
+<table border="1">
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IBJadmin: /* Pre-Trial Procedure */

2025-02-18T15:37:56Z

Pre-Trial Procedure

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 ==Pre-Trial Procedure==
-'''Police procedures'''
+Lithuanian police procedures in criminal cases are governed by the Code of Criminal Procedure of Lithuania and various human rights protections from national and international sources.
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IBJadmin: /* Pre-Trial Procedure */

2025-02-18T15:18:29Z

Pre-Trial Procedure

← Older revision		Revision as of 17:18, 18 February 2025
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	'''Police procedures'''		'''Police procedures'''

	~~<li>''Arrest, Search and Seizure Laws:''~~



	~~<li>''Interrogation:''~~

IBJadmin: /* Rights of the Accused */

2025-02-18T15:11:36Z

Rights of the Accused

← Older revision		Revision as of 17:11, 18 February 2025
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	<li><u>Right to an Impartial Judge</u>: Judges must be independent and impartial, protected by Article 109 of the Constitution and Article 6 of the ECHR.		<li><u>Right to an Impartial Judge</u>: Judges must be independent and impartial, protected by Article 109 of the Constitution and Article 6 of the ECHR.

			<br><br>

	<li>'''Right to Language Interpretation:'''		<li>'''Right to Language Interpretation:'''

IBJadmin: /* Rights of the Accused */

2025-02-18T15:10:52Z

Rights of the Accused

← Older revision		Revision as of 17:10, 18 February 2025
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	==Rights of the Accused==		==Rights of the Accused==

			The Constitution of Lithuania and the Code of Criminal Procedure ensure that all accused persons have the following rights at all stages of criminal proceedings:
			<br><br>
	<li> '''Right Against Unlawful Arrests, Searches and Seizures:'''		<li> '''Right Against Unlawful Arrests, Searches and Seizures:'''

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	<li>'''Right Against Unlawful Detention:'''		<li>'''Right Against Unlawful Detention:'''
			<br>- Freedom from Prolonged Pre-Trial Detention: Pre-trial detention is limited and must be reviewed by a judge (Articles 122–133 of the Code of Criminal Procedure).

	<br>		<br>
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	<br>		<br>

	<li>'''Right to Medical Care:'''		<li>'''Right to Medical Care:''' Guaranteed for detainees under prison regulations and human rights treaties (Article 10 of the ECHR).


	<br>		<br>
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	<li>'''Right to be Informed of Charges:'''		<li>'''Right to be Informed of Charges:'''
			<br>- Right to Notice of Charges: Accused individuals must be informed of charges promptly in a language they understand (Article 50 of the Code of Criminal Procedure).


	<br>		<br>
	<br>		<br>
	<li>'''Right to Presumption of Innocence:'''		<li>'''Right to Presumption of Innocence:''' Guaranteed under Article 31 of the Constitution and Article 44 of the Code of Criminal Procedure.


	<br>		<br>
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	<li>'''Right Against Self-Incrimination:'''		<li>'''Right Against Self-Incrimination:''' Protected under Article 31 of the Constitution and Article 6(1) of the ECHR.



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	<br>		<br>
	<li>'''Right to Due Process:'''		<li>'''Right to Due Process:'''
			<li><u>Legality Principle</u>: No one can be punished for an act that was not a crime at the time of commission (Article 7 of the Criminal Code).
			<li><u>Standards of Proof and Standards for Conviction</u>: Conviction requires proof beyond a reasonable doubt (Article 305 of the Code of Criminal Procedure).
			<li><u>Freedom from Punishment Without Legal Basis</u>: No one can be punished except under lawfully established criminal procedures (Article 7 of the Criminal Code).
	<br>		<br>
	<br>		<br>
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	<br>		<br>

	<li>'''Right Against Ex Post Facto Prosecution:'''		<li>'''Right Against Ex Post Facto Prosecution:''' Prohibited; no one can be punished retroactively for an act that was not criminal at the time (Article 2 of the Criminal Code).



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	<br>		<br>

	<li>'''Right Against Double Jeopardy:'''		<li>'''Right Against Double Jeopardy:''' Protected under Article 31 of the Constitution; no one can be tried or punished twice for the same offense.



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	<br>		<br>

	<li>'''Right to a Fair Trial:'''		<li>'''Right to a Fair Trial:''' Protected under Article 6 of the ECHR and Article 31 of the Constitution.



	<li>Right to a Trial by Jury:		<li><u>Right to a Trial by Jury</u>: Lithuania does not have a jury system; trials are conducted by professional judges.





	<li>Right to a Speedy Trial:		<li><u>Right to a Speedy Trial</u>: Cases must be heard within a reasonable time (Article 176 of the Code of Criminal Procedure).




	<li>Right to an Impartial Judge:		<li><u>Right to an Impartial Judge</u>: Judges must be independent and impartial, protected by Article 109 of the Constitution and Article 6 of the ECHR.



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	<br>		<br>
	<br>		<br>
	<li>'''Right to Habeas Corpus:'''		<li>'''Right to Habeas Corpus:''' Individuals have the right to challenge unlawful detention (Article 5 of the ECHR and Article 135 of the Code of Criminal Procedure).


	<br>		<br>
	<br>		<br>

	<li>'''Capital Punishment:'''		<li>'''Capital Punishment:''' Abolished in 1998; prohibited under Article 19 of the Criminal Code.


	<br>		<br>
	<br>		<br>
	<li>'''Right to Appeal:'''		<li>'''Right to Appeal:''' Guaranteed under Article 31 of the Constitution and Article 367 of the Code of Criminal Procedure (CCP).

IBJadmin: /* Means of Protecting and Enforcing Rights */

2025-02-18T14:53:44Z

Means of Protecting and Enforcing Rights

← Older revision		Revision as of 16:53, 18 February 2025
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	==Means of Protecting and Enforcing Rights==		==Means of Protecting and Enforcing Rights==

	~~'''Exclusionary Rule:'''~~		<li><u>Illegally Obtained Evidence</u> – Inadmissible under Article 20 of the CCP (exclusionary rule).
			<li><u>Nullity of Procedure</u> – Procedural violations may result in case dismissal or retrial.
			<li><u>Compensation for Wrongful Conviction</u> – Available under Article 6 of the ECHR and Lithuanian Civil Code.
			<li><u>Lawsuits Against Authorities </u> – Civil suits may be filed for police misconduct, unlawful detention, or abuse.
	~~'''Nullity~~ of ~~Procedure:'''~~		<li><u>Pre-Trial Motions</u> – Defense can request dismissal of charges, exclusion of evidence, or bail modification.
			<li><u>Post-Conviction Motions</u> – Requests for sentence reduction or new trial.


	<br>		<br>
	~~<br>~~
	~~'''Civil Actions:'''~~
	<br>		<br>


	~~<br>~~
	~~<br>~~
	==Pre-Trial Procedure==		==Pre-Trial Procedure==

IBJadmin: /* Resources */

2025-02-18T14:50:52Z

Resources

← Older revision		Revision as of 16:50, 18 February 2025
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	==Resources==		==Resources==
			<li> Fair Trials, Criminal Proceedings and Defence Rights in Lithuania (Fair Trials, January 2022) https://www.fairtrials.org/app/uploads/2022/01/Criminal-Proceedings-and-Defence-Rights-in-Lithuania1.pdf
			<li> Republic of Lithuania, Law on Police (adopted 11 December 1990).
			<li> Republic of Lithuania, Law on Police Activities (adopted 17 October 2000, as amended 14 October 2003).
			<li> Republic of Lithuania, Constitution (25 October 1992, rev. 2006) art 31.
			<li> Republic of Lithuania, State Guaranteed Legal Aid (adopted 1 January 2001)
			<li> Republic of Lithuania, Law on Approval, Entry into Force, and Implementation of the Code of Criminal Procedure (Law No IX-785, 14 March 2002).
			<li> V.V. v Lithuania, UN Human Rights Committee, Communication No 3198/2018, CCPR/C/138/D/3198/2018 (19 July 2023).
			<li> European Union Agency for Fundamental Rights, Rights in Practice: Access to a Lawyer and Procedural Rights in Criminal and European Arrest Warrant Proceedings (Publications Office of the European Union 2019)
			<li> European Court of Human Rights, Guide on Article 6 of the European Convention on Human Rights: Right to a Fair Trial (Criminal Limb) (Council of Europe, updated 31 August 2024)
			<li>European Court of Human Rights, Factsheet – Independence of the Justice System (Council of Europe, August 2023)
			<li> Gencs Valters Law Firm, ‘Litigation in Lithuania’ (Attorneys-at-Law, [date]) http://www.attorneys-at-law.eu/news/index/160#:~:text=Rulings%20of%20first%20examination%20by,instance%20by%20the%20Supreme%20Court
			<li> European e-Justice Portal, Time Limits on Procedures in Lithuania (21 October 2019)
			<li> Research and Documentation Directorate, Role of the Criminal Court in the Event of a Breach of the Accused Person's Right to Be Informed of Procedural Rights (September 2022)
			<li> Jakutavičius v Lithuania, App No 42180/19 (ECtHR, 13 February 2024)
			[https://hudoc.echr.coe.int/fre#{%22itemid%22:%5B%22001-230855%22%5D} https://hudoc.echr.coe.int/fre#{%22itemid%22:[%22001-230855%22<nowiki>]</nowiki>}]
			<li>Council of Europe, European Prison Rules (Council of Europe Publishing, June 2006)