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Legal Resources for Andorra
- The Constitution of the Republic of Lithuania [1]
E-Learning Resources
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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 Arrests, Searches and Seizures:
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 Not to be Tortured or Ill-Treated:
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 Counsel and Effective Assistance:
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 to Equal Protection of the Laws:
Right to Bail:
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 Language Interpretation:
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
Police procedures
Arrest, Search and Seizure Laws:
Interrogation:
Court Procedures
Pre-Trial:
Oral Trial:
Sentencing:
Appeals
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)
