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

Right Against Unlawful Arrests, Searches and Seizures:

Right Against Unlawful Detention:

Right Not to be Tortured or Ill-Treated:

Right to Medical Care:

Right to be Informed of Charges:

Right to Presumption of Innocence:

Right Against Self-Incrimination:

Right to Counsel and Effective Assistance:

Right to Due Process:

Right to Equal Protection of the Laws:

Right to Bail:

Right Against Ex Post Facto Prosecution:

Right Against Double Jeopardy:

Right to a Fair Trial:

Right to a Trial by Jury:

Right to a Speedy Trial:

Right to an Impartial Judge:

Right to Language Interpretation:

Right to Habeas Corpus:

Capital Punishment:

Right to Appeal:

Rights of Counsel

Means of Protecting and Enforcing Rights

Exclusionary Rule:

Nullity of Procedure:

Civil Actions:

Pre-Trial Procedure

Police procedures

Arrest, Search and Seizure Laws:

Interrogation:

Court Procedures

Pre-Trial:

Oral Trial:

Sentencing:

Appeals

Rights in Prison

Resources