Lithuania

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Background

Lithuania, the southernmost of the three Baltic states, is a country in Northern Europe with a rich and complex history.
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.
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.

The Legal system

Lithuania follows a civil law system, which is based on written legal codes rather than judicial precedents. This system is influenced by the continental European legal tradition, particularly the legal frameworks of Germany and France.
Legal rules and principles are primarily found in legislative acts, such as the Civil Code, Criminal Code, and Administrative Code. Unlike common law systems (e.g., UK, USA), court decisions in Lithuania do not have binding precedent. However, Supreme Court rulings can serve as guidance for lower courts.
Courts apply laws strictly as written, interpreting them based on statutes rather than previous case law.
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.

Legal Aid

State Sponsored legal aid
Lithuania provides state-sponsored legal aid to individuals who cannot afford legal representation. The system is regulated by the Law on State-Guaranteed Legal Aid and managed by the State-Guaranteed Legal Aid Service (Valstybės garantuojamos teisinės pagalbos tarnyba - VGTPT) under the Ministry of Justice.

Primary Legal Aid: free legal consultations and assistance in preparing documents (excluding representation in court). Available to all Lithuanian residents, regardless of income. Provided by municipal legal aid offices.

Secondary Legal Aid: includes full legal representation in civil, administrative and criminal cases. Available for individuals who meet income criteria or fall under special categories (e.g., victims of domestic violence, asylum seekers). Costs covered by the state.

Mandatory Legal Aid in Criminal Cases: if a suspect cannot afford a lawyer, the state appoints a public defender (advokatas) free of charge. Mandatory for minors, people with disabilities, or in cases where legal defense is required by law.

Number of lawyers (criminal/civil)
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.

Source of Defendants Rights

NATIONAL SOURCES OF DEFENDANT'S RIGHTS:

Defendants in Lithuania are protected by various domestic legal instruments, ensuring their rights during criminal proceedings. The main sources include:

The Constitution of the Republic of Lithuania (1992)
Article 31: Guarantees fundamental rights of defendants, including:
- The right to a fair trial
- The presumption of innocence until proven guilty
- The right to a defense (including state-appointed legal aid if necessary).
- The right against self-incrimination
- The right to appeal court decisions

The Criminal Code of Lithuania (Baudžiamasis kodeksas)
- Defines criminal offenses and penalties
- Protects individuals from unlawful prosecution and provides guidelines on sentencing and rehabilitation

The code of Criminal Procedure (Baudžiamojo proceso kodeksas)
Establishes procedural safeguards, such as:
- Rights during arrest and detention (right to be informed of charges, access to legal counsel, and judicial review)
- Rules on evidence collection to prevent unlawful coercion
- Appeal procedures for unfair or incorrect rulings

The Law on State-Guaranteed Legal Aid
- Ensures access to free legal representation for those who cannot afford it
- Provides public defenders in serious criminal cases

INTERNATIONAL SOURCES OF DEFENDANT'S RIGHTS:
As a member of the European Union (EU), the Council of Europe, and the United Nations (UN), Lithuania adheres to various international human rights instruments that protect defendants. These include:

European Convention on Human Rights (ECHR) (1953)
Lithuania is a party to the ECHR, which is enforced by the European Court of Human Rights (ECtHR).
- Key protections (Article 6 - Right to a Fair Trial): Right to be informed of charges in a language the defendant understands. Right to legal representation. Right to examine witnesses and present a defense. Right to a public trial by an independent and impartial tribunal.

Charter of Fundamental Rights of the European Union (2000)
As an EU member, Lithuania is bound by this Charter, which strengthens defendant rights in cross-border cases and ensures fair treatment within EU jurisdiction.

UN International Covenant on Civil and Political Rights (ICCPR)(1966)
- Article 14 guarantees: equality before the law, presumption of innocence, right to legal assistance, freedom from torture and forced confessions.

UN Convention against Torture (UNCAT) (1984)
Prohibits the use of torture, cruel, or degrading treatment during interrogations.
Lithuania has ratified this and incorporated it into domestic law.

EU Directives on Criminal Justice and Fair Trials
- Directive 2010/64/EU – Right to interpretation and translation.
- Directive 2012/13/EU – Right to information on charges and evidence.
- Directive 2013/48/EU – Right to access a lawyer and communicate with family.

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:

Right Against Unlawful Detention:
- 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).

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

Right to be Informed of Charges:
- 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).

Right to Presumption of Innocence: Guaranteed under Article 31 of the Constitution and Article 44 of the Code of Criminal Procedure.

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

Right to Due Process:

Legality Principle: No one can be punished for an act that was not a crime at the time of commission (Article 7 of the Criminal Code).

Standards of Proof and Standards for Conviction: Conviction requires proof beyond a reasonable doubt (Article 305 of the Code of Criminal Procedure).

Freedom from Punishment Without Legal Basis: No one can be punished except under lawfully established criminal procedures (Article 7 of the Criminal Code).

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).

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

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

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

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

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

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).

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

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

Rights of Counsel

LEGAL BASIS

Constitution of Lithuania (1992), Article 31 – Guarantees the right to defense and legal representation.

Code of Criminal Procedure, Articles 10, 50-51 – Ensures access to a lawyer from arrest or first questioning, including state-appointed counsel for those unable to afford one.

Law on State-Guaranteed Legal Aid – Provides free legal assistance for eligible individuals.

INTERNATIONAL PROTECTIONS

ECHR, Article 6(3)(c) – Right to legal counsel and fair trial.

EU Directive 2013/48/EU – Access to a lawyer from the first police interrogation.

ICCPR, Article 14 – Right to legal assistance in criminal cases.

APPLICATION:
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.

Means of Protecting and Enforcing Rights

Illegally Obtained Evidence – Inadmissible under Article 20 of the CCP (exclusionary rule).

Nullity of Procedure – Procedural violations may result in case dismissal or retrial.

Compensation for Wrongful Conviction – Available under Article 6 of the ECHR and Lithuanian Civil Code.

Lawsuits Against Authorities – Civil suits may be filed for police misconduct, unlawful detention, or abuse.

Pre-Trial Motions – Defense can request dismissal of charges, exclusion of evidence, or bail modification.

Post-Conviction Motions – Requests for sentence reduction or new trial.

Pre-Trial Procedure

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.

POLICE PROCEDURES

Complaint/Information

A criminal investigation begins when: A victim or witness files a complaint with the police. Authorities receive information about a suspected crime. Law enforcement discovers evidence suggesting criminal activity.

The police must record all complaints and initiate an investigation if there are reasonable grounds to suspect a crime. If the complaint lacks evidence of a crime, police may refuse to open an investigation, but the decision can be appealed to a prosecutor.

Arrest, Search and Seizure Laws:

STOPS AND FRISKS (Preventive Searches)

Officers may stop and frisk individuals if there is a reasonable suspicion that they:
- Are committing or about to commit a crime.
- Pose a threat to public safety.

The search must be limited to detecting weapons, dangerous items, or illegal substances.

Arbitrary stops are prohibited under Lithuania’s Constitution and the European Convention on Human Rights (ECHR).

ARRESTS

Arrest with a warrant: a judge must issue an arrest warrant based on evidence presented by the police or prosecutor

Warrantless arrest: allowed if the suspect is caught in the act of committing a crime, or if there is a strong suspicion they committed a crime and an urgent need to prevent escape or destruction of evidence.

Rights upon arrest: right to be informed of the charges in a language they understand, right to legal representation (state-appointed if needed), right to remain silent and not self-incriminate.

SEARCHES

Types of Searches:
- Search of a person: Requires reasonable suspicion of carrying illegal items.
- Search of premises: Requires a court-issued warrant, unless there is immediate danger.
- Search of vehicles: Allowed if there is probable cause that evidence of a crime is present.

Protections against unlawful searches: Evidence obtained illegally may be excluded from court (Exclusionary Rule). Individuals can challenge unlawful searches before a judge.

PRE-TRIAL DETENTION

A suspect cannot be held longer than 48 hours without a judicial decision.

If further detention is necessary, a judge must approve an extension based on: Risk of flight. Risk of obstruction of justice. Risk of committing another crime.

Pre-trial detention must be proportionate and reviewed regularly by the court.

ENFORCING THE RULES (Exclusionary Rule, Nullity, and other protections)

Illegally obtained evidence is inadmissible in court under the Code of Criminal Procedure.

Defendants can file a motion to suppress evidence if they believe their rights were violated.

If police intentionally violate search and seizure laws, officials may face administrative or criminal liability.

Lineups and Other Identification Procedures:

Lineups (Witness Identification of Suspects): a suspect may be placed in a police lineup, where a witness is asked to identify them, the defendant’s lawyer must be present to ensure fairness, the lineup must include similar looking individuals to avoid suggestive identification

Other identification Procedures: witnesses may be shown photos of possible suspects, if an arrest is made near the crime scene a witness may be asked to confirm the suspect.

Interrogation:

Before Formal Charge in Court: Suspects must be informed of their rights before questioning. Police must not use force, threats, or coercion to obtain confessions. Suspects have the right to remain silent, and silence cannot be used against them. Any statement made without legal counsel present may be excluded from trial.

After Defendant is Formally Charged in Court: interrogation must take place in the presence of a lawyer unless the defendant explicitly waives this right. The suspect has the right to review all evidence before questioning. Police must record interrogations to ensure transparency and prevent coercion.

Enforcing the Rules (Protection Against Illegal Interrogation): evidence obtained under duress or coercion is inadmissible in court.
○ if police violate interrogation rules, the defense may:
- Request suppression of the confession
- File a complaint with the prosecutor.
- Seek judicial review of the interrogation methods.

Court Procedures

PRE-TRIAL	In Lithuania, the pre-trial procedure in criminal cases is a crucial phase in which law enforcement agencies investigate alleged crimes, gather evidence, and determine whether a case should proceed to trial. The pre-trial process is regulated by the Code of Criminal Procedure of Lithuania and consists of several key stages: Initiation of Criminal Proceedings A criminal case begins when law enforcement agencies (police or prosecutors) receive: A complaint from a victim or witness. A report from authorities about a suspected crime. Information obtained ex officio (self-initiated investigation). If sufficient prima facie evidence exists, the police or prosecutors open an official investigation. Pre-Trial Investigation (Ikiteisminis tyrimas) Conducted by law enforcement authorities under the supervision of the prosecutor. Investigative actions include: Questioning witnesses and suspects. Collecting evidence (documents, forensic tests, surveillance). Searches and seizures (court approval may be required). Detention of suspects (subject to legal safeguards). The suspect has the right to remain silent, access legal counsel, and challenge procedural violations. Arrest and Detention A suspect may be arrested if there is reasonable suspicion they committed a crime or there is a risk of flight, obstruction, or repeat offenses. Duration of detention: ○ 48 hours without a court order. ○ A judge must decide on further detention within this period. Pre-trial detention (custody) may be extended in serious cases, but must be reviewed regularly by a judge. Indictment and Decision to Prosecute The prosecutor reviews the evidence collected during the investigation. If there is sufficient evidence, the prosecutor prepares an indictment (kaltinamasis aktas) and submits it to the court. If evidence is insufficient, the case may be: ○ Closed (dropped) due to lack of evidence. ○ Returned for further investigation. Rights of the Suspect in Pre-Trial Procedures Right to be informed of the charges. Right to legal representation (state-appointed if necessary). Right to remain silent and not incriminate oneself. Right to access case materials before trial. Right to challenge evidence and request additional investigation . Key Actors in Pre-Trial Procedures: Law enforcement: conducts the investigations, collects and preserves evidence, may detain or arrest suspects if legally justified. Prosecutor/Prokuroras: supervises the pre-trial investigation, decides whether to proceed with prosecution or drop the case, represents the state in criminal proceedings. Defense Lawyer/Advokatas: protects the rights of the suspect, challenges illegal detention, evidence or procedural violations and represents the defendant in pre-trial hearings and court proceedings. Judge: approves search warrants, detentions and investigative measures, reviews pre-trial detention decisions, ensures the legal protection of suspects and victims. Alternatives to Trial (Diversion and Plea Bargaining): In some cases, Lithuania law allows alternative resolutions to avoid full court trials. Plea bargaining (Procesas dėl susitarimo): the suspect may agree to plead guilty in exchange for a reduced sentence, requiring court approval to ensure fairness. Conditional release from criminal liability (Atleidimas nuo baudžiamosios atsakomybės): available for minor offenses if the suspect compensates the victim and meets other legal conditions. Mediation and Restorative Justice: in cases of minor crimes, the victim and offender may reach an agreement through mediation.
SENTENCING	Proportional Sentencing: Punishment must match the severity of the crime. Alternatives to Incarceration: Includes probation, fines, and community service.
APPEALS	Grounds for Appeal: - A case may be overturned if legal counsel was incompetent. - Legal errors, procedural violations, or new evidence (Articles 369–377 CCP). - New Evidence: Convictions may be overturned if new, credible evidence emerges. - Judicial Misconduct: If the trial judge was biased or engaged in unlawful actions. Appeal Levels: Cases can be appealed to higher courts (Court of Appeal, Supreme Court). Time Limits: Appeals must be filed within a specific time frame after conviction (Article 368 CCP). Right to Counsel in Appeals: Legal representation is guaranteed at all appeal levels. Habeas Corpus: Allows prisoners to challenge unlawful detention. Post-Conviction Relief: Special procedures exist for retrial or sentence review

Rights in Prison

Humane Treatment – Protected under Article 10 of the ECHR and Lithuanian Prison Law.

Overcrowding Protections – Must meet EU standards (European Prison Rules).

Legal Protections for Immigrants – Non-citizens have rights under EU law and asylum regulations.

Right to Legal Counsel – Immigrant detainees are entitled to lawyers and interpreters.

Medical Treatment is a Legal Right – Ensured under Article 3 of the ECHR and Lithuanian law.

Psychiatric Evaluations and Care – Mandatory for mentally ill prisoners.

Protection Against Inhumane Treatment – Covered by human rights treaties.

Communication Restrictions – May apply for security reasons, but subject to judicial review.

Disciplinary Sanctions – Must comply with European standards.

Protection for Pregnant Inmates – Special medical care required.

Separation from Male Inmates – Ensured under international prison regulations.

Resources

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

Republic of Lithuania, Law on Police (adopted 11 December 1990).

Republic of Lithuania, Law on Police Activities (adopted 17 October 2000, as amended 14 October 2003).

Republic of Lithuania, Constitution (25 October 1992, rev. 2006) art 31.

Republic of Lithuania, State Guaranteed Legal Aid (adopted 1 January 2001)

Republic of Lithuania, Law on Approval, Entry into Force, and Implementation of the Code of Criminal Procedure (Law No IX-785, 14 March 2002).

V.V. v Lithuania, UN Human Rights Committee, Communication No 3198/2018, CCPR/C/138/D/3198/2018 (19 July 2023).

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)

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)

European Court of Human Rights, Factsheet – Independence of the Justice System (Council of Europe, August 2023)

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

European e-Justice Portal, Time Limits on Procedures in Lithuania (21 October 2019)

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)

Jakutavičius v Lithuania, App No 42180/19 (ECtHR, 13 February 2024) https://hudoc.echr.coe.int/fre#{%22itemid%22:[%22001-230855%22]}

Council of Europe, European Prison Rules (Council of Europe Publishing, June 2006)