Seimas of the Republic of Lithuania                              
                                                                                
                             STATUTE                                            
                                                                                
                    11 November 1993 No.I-304                                   
                                                                                
                             Vilnius                                            
                                                                                
                             PART 9                                             
                                                                                
                     IMPEACHMENT PROCEEDINGS                                    
                                                                                
     Article  270.   Impeachment   proceedings   shall   be   the               
parliamentary procedure  which shall  be applied by the Seimas to               
members of  the Seimas  as well  as to  State  officials  of  the               
highest rank who are specified in Article 74 of the  Constitution               
of the  Republic of  Lithuania for  their actions which discredit               
the authority  of powers,  in order  to solve the question of the               
responsibility of  such individuals. In the event that a concrete               
individual is  found guilty  during this  procedure,  the  person               
shall be  dismissed from his or her post or his or her mandate as               
a Seimas member shall be abolished.                                             
                                                                                
     Article  271.   Legal  action,   in  accordance   with   the               
impeachment proceedings,  may be instituted against the President               
of the Republic, the Chairperson and judges of the Constitutional               
Court, the  Chairperson and  judges of  the  Supreme  Court,  the               
Chairperson and  judges of  the Court of Appeals, and the members               
of the Seimas.                                                                  
                                                                                
     Article  272.     There  shall  be  grounds  for  initiating               
impeachment proceedings in the event that an individual specified               
in Article 271  of this Statute  has:                                           
                                                                                
     1) grossly violated the Constitution;                                      
     2) breached an oath; or                                                    
     3) committed a felony.                                                     
     Only one  of the  grounds specified  in this  Article  shall               
suffice to initiate impeachment proceedings.                                    
                                                                                
     Article 273.    The  right  to  request  the  initiation  of               
impeachment proceedings  against a concrete for reasons specified               
in Article  272 individual  shall be  granted to  , any  group of               
Seimas members  consisting of  at least  one fourth of all of the               
Seimas members,  the President  of the  Republic and  the Judges'               
Court of Honour if the case concerns the Chairperson or judges of               
the Constitutional Court or the Court of Appeals.                               
                                                                                
     Article 274.  Upon establishing   that persons referred to in              
Article 271   of this Statute are suspected of having  committed a              
felony, the  Prosecutor General of the Republic of Lithuania shall              
immediately inform  the Seimas  thereon   and  submit  appropriate              
material thereto.                                                               
                                                                                
     In the event that  the President of the Republic is suspected              
of  having   committed  a  felony,  the  Seimas  shall  carry  out              
preliminary impeachment proceedings provided for in Article 279 of              
this Statute.                                                                   
                                                                                
     Upon hearing  the Prosecutor   General's  report on a felony               
committed by  other   persons, the Seimas shall decide whether to               
give its  approval to institute legal action against the concrete               
person   (according to  the procedure provided for in  Part 1 and               
Chapter 28  of    this  Statute)    or  to  initiate  preliminary               
impeachment proceedings.                                                        
                                                                                
     Article 275.  While bringing a charge concerning a committed               
felony, the  statutes of limitation provided for in criminal laws               
shall be  applicable. In  other cases,  no statutes of limitation               
shall be  applicable; however,  the  committed  misdemeanor  with               
which an  individual is charged must have been committed while he               
or she was in office referred to in Article 271  of this Statute.               
                                                                                
     Article 276.   Proposal  to initiate impeachment proceedings               
shall be  submitted to  the Seimas  in writing - in the form of a               
motion, while  proposals made  by the  President of  the Republic               
shall be  presented in  the form  of  appeal  by  indicating  the               
concrete person,  the charge   formulated  against said   person,               
arguments, major facts, and evidence or sources thereof.                        
                                                                                
     Article 277.  Proposal to  initiate impeachment  proceedings               
may only  be submitted  during sessions of the Seimas. The Seimas               
Chairperson shall  immediately  present  such  proposals  to  the               
Seimas members  and shall,  within at  least one  week, submit  a               
proposal to  the Seimas  to consider  the issue on a preferential               
basis.                                                                          
                                                                                
     Article 278.  Upon hearing  a proposal made by the initiators              
specified in  Article 273   or their representative concerning the              
initiation  of   impeachment  proceedings   against   a   concrete              
individual, the  Seimas   shall   form a commission to investigate              
the validity  and seriousness  of the  submitted  charges  and  to              
prepare  the   finding  concerning   the  proposal   to   initiate              
impeachment proceedings.  In its  work  the  commission  shall  be              
governed by  the provisions  provided for  in Chapter  32 of  this              
Statute.                                                                        
                                                                                
     Article 279.  A special  investigation commission  shall  be               
formed  from      the  Seimas  members,  representatives  of  the               
initiators of  the impeachment  proceedings, and  lawyers who are               
employed at   courts,  investigative structures,  or prosecutor's               
office. Professional lawyers must comprise no more  than one half               
of the  commission  members. While working on the commission, the               
lawyers shall  enjoy equal  rights  with  other  members  of  the               
commission, but  they must  strictly comply with the principle of               
political impartiality.  There may  be no more than 12 members on               
the commission.  Members of  the commission  shall be proposed by               
parliamentary  groups   and   initiators   of   the   impeachment               
proceedings according  to the principles set forth in  Article 63               
of this Statute     which shall be entitled to propose 1/3 of all               
the commission members.                                                         
                                                                                
     Along with the formation of the commission, the Seimas shall               
appoint the  commission   chairperson and deputy chairperson, and               
shall fix the dates for the execution of  investigation. At least               
one of the heads of the commission must be a professional lawyer.               
                                                                                
     Article 280.   Sittings  of the special Seimas investigation               
commission concerned  with impeachment proceedings shall normally               
be closed.  Only the  chairperson of  the commission  or a member               
authorised by  the chairperson  shall inform  the press and other               
mass media about the course of investigation.                                   
                                                                                
     Article 281. The commission's  sittings shall be recorded in               
the minutes.  Minutes  shall be kept  by a secretary appointed by               
the commission,   according to the regulations of keeping minutes               
of court  sittings. The minutes of the sitting shall be signed by               
the chairperson and secretary of the commission.                                
                                                                                
     During sittings,  explanations as  well as  arguments of the               
initiators of  impeachment proceedings   and defendants (or their               
representatives) shall  be heard,  witnesses shall be questioned,               
the list  of whom  shall be  made up  according to  the proposals               
submitted  by  all  the  members  of  the  special  investigation               
commission  and  the  defendant,  and  other  evidence  shall  be               
accumulated, examined  and evaluated; when necessary, experts and               
specialists shall  be invited  and discussions shall be held. The               
defendant's lawyer  may also take part in the sittings.                         
                                                                                
     Article 282.   Witnesses  and experts  shall be summoned and               
questioned in  accordance with  the rules  of the  criminal code:               
they shall  be warned  of their  responsibility for  avoiding  or               
refusing to  give evidence  as well as for giving knowingly false               
evidence; the  giving of  such warnings  shall  be  confirmed  by               
witnesses' signatures.  Minutes  concerning  the  questioning  of               
witnesses shall  be recorded  and, after a witness has read them,               
may be  supplemented or  amended, and  then must be signed by the               
witness. Experts  shall present  their findings  in writing after               
having signed them.                                                             
                                                                                
Article  282-1.   If  the  special  investigation  commission  so               
proposes, the  Seimas may  pass  a  decision  to  appeal  to  the               
Constitutional Court  concerning the conclusion  whether concrete               
actions of  the Seimas  members or  state officers  against  whom               
impeachment proceedings  are initiated are in conformity with the               
Constitution.                                                                   
                                                                                
                                                                                
Article 283.  Upon  the  conclusion  of  the  investigation,  the               
special investigation  commission   shall  present  its  findings               
which shall  contain: the essence of the charge, the place, time,               
means, motives and other essential circumstances of the committed               
felony; the  established facts and evidence, and the explanations               
of the  defendant. In  the event  that the presented charges have               
not been  proved, it  shall be indicated in the findings  and the               
actions of  investigation which  have been  carried out  shall be               
described in  brief. Taking  into  account  the  results  of  the               
investigation, it  shall be summarised at the end of the findings               
whether there are grounds to institute impeachment proceedings in               
the Seimas or whether such grounds do not exist.                                
     At least half of the votes of all the commission members are               
necessary for  the approval  of the  findings. The results of the               
voting shall  be recorded   in  the minutes  of the  sitting. The               
findings shall be signed by the chairperson or deputy chairperson               
of the commission.                                                              
                                                                                
     The commission shall prepare a draft resolution on the basis               
of approved findings.                                                           
                                                                                
     Article 284.  Upon coming   to the conclusion that there are               
grounds for initiating impeachment proceedings in the Seimas, the               
special investigation  commission   must also  formulate concrete               
charges. This may be done at the end of the commission's findings               
or in a separate document.                                                      
                                                                                
     The investigation commission  shall also decide who on behalf              
of the committee shall substantiate the charge and carry out other              
functions of  the prosecutor  in the Seimas during the impeachment              
proceedings.   The commission   may appoint up to 7 prosecutors --              
members of  the Seimas. The commission  shall inform the Seimas of              
their names and powers in writing.                                              
                                                                                
     Article 285.  The commission    shall  submit  the  prepared               
findings along with a draft Seimas resolution and other documents               
to the  Speaker, who  shall submit these documents for the Seimas               
consideration  at its next sitting.                                             
                                                                                
                                                                                
                                                                                
        Chapter 36. Impeachment Procedure in  the Seimas                        
                                                                                
                                                                                
     Article 286.  In the  event that   the special investigation               
commission  reaches the conclusion that  there are no grounds for               
the initiation  of  impeachment  proceedings,  the  Seimas  shall               
consider the  validity of  motives and  arguments which have been               
formulated in the findings and shall decide whether said findings               
shall be  assented. If  the Seimas  approves the  findings  by  a               
majority vote  of the  Seimas members who attend  the sitting, it               
shall be  held that  there was  no assent to initiate impeachment               
proceedings. Impeachment  proceedings based  on the  same charges               
may only  be instituted  against the  same person only after one-               
year     period  ,   and  only   under  the  condition  that  new               
circumstances have become evident.                                              
                                                                                
     In  the  event  that    the  Seimas  does  not  approve  the               
commission's  conclusion  that  there  are  no  grounds  for  the               
initiation of impeachment proceedings, the Seimas must decide who               
shall be  charged with  the execution of a repeat investigation -               
the same investigation commission  or a new one.                                
                                                                                
      Article  287. Upon  hearing the  findings  of  the  special               
investigation commission  according to which there are grounds to               
initiate impeachment  proceedings, the  Seimas  shall  carry  out               
necessary arrangements  and shall  adopt the  following decisions               
necessary for the execution of this procedure:                                  
     1)  shall  adopt    a  resolution  to  initiate  impeachment               
proceedings in the Seimas against a concrete person;                            
     2) shall   establish  of the commencement of the impeachment               
proceedings  not  later  than  after  15  days  and  schedule  of               
sittings;                                                                       
     3) shall  adopt   a resolution  to invite the Chairperson of               
the Supreme Court  or another judge  thereof to preside over this               
procedure;                                                                      
     4) as   necessary,  shall request the Constitutional Court to              
provide findings  whether   concrete actions of a Seimas member or              
other state official comply with the Constitution; and                          
     5) shall perform  other   necessary preparatory actions.                   
                                                                                
     Article 288.     Impeachment proceedings  shall start in the               
Seimas   on the  fixed   date. They shall be presided over by the               
Chairperson of the Supreme Court or another judge thereof, or the               
Chairperson  of    the  Constitutional  Court  or  another  judge               
thereof.One more  judge of  the Supreme  Court or  Constitutional               
Court   must take  part in  all sittings,  from the  first to the               
last, of  the impeachment  proceedings, and, as  necessary, shall               
act for the Chairperson of the hearing.                                         
                                                                                
     Upon  announcing   the  commencement   of  the   impeachment               
proceedings, the  Seimas shall  become an impeachment institution               
in which  investigation shall be carried out in compliance   with               
the principles  and rules  of criminal  procedure if this Statute               
does not provide otherwise.                                                     
                                                                                
     The minutes  of the  hearing shall  be kept  by the secretary              
appointed by  the Chairperson  according to the rules of recording              
court hearings.                                                                 
                                                                                
     Impeachment proceedings  in the Seimas shall be public. They               
may be broadcast  by television and radio.                                      
                                                                                
      Article 289. Impeachment proceedings in the Seimas shall be               
comprised of the following major parts: the preparatory part, the               
court investigation,  court disputes,  and the  defendant's final               
word concerning  the articles  of impeachment  and voting  on the               
presented charges.                                                              
                                                                                
     Article 290.  During the preparatory part of the hearing the               
essence  of   the  impeachment   case  under  investigation,  the               
defendant, and the prosecutors and their representatives shall be               
introduced, their  rights and  duties shall  be explained,  their               
requests shall  be heard  and decisions  thereon shall be passed,               
and the possibilities to continue investigation of the case shall               
be clarified.                                                                   
                                                                                
     Article 291.   The court investigation shall be commenced by               
reading  the  material  of  the  charge  aloud  and  hearing  the               
defendant's explanations.  Then the defendant and witnesses shall               
be questioned,  the findings  of the  experts shall be heard, and               
the evidence shall be examined.                                                 
                                                                                
     Prior to the end of the court investigation, the prosecutors               
shall have  the right to define the formulation of the charge and               
remove technical  errors which  have been  found  therein.  While               
defining the formulations of the charge, the formulations must be               
delivered  in writing to the defendant and the chairperson of the               
hearing, who  shall  immediately  announce  them  to  the  Seimas               
members. Upon  receiving the  defined formulations of the charge,               
the defendant  or the  defendant's defender  shall have the right               
to demand the continuation or renewal of the court investigation.               
                                                                                
     Article 292.   Court  disputes  shall  be  the  speeches  and              
remarks   of    the   prosecutor,    the   defendant   and   their              
representatives. The  right to the last remark shall always belong              
to the  defender, and  in the event of his or her absence - to the              
defendant.                                                                      
                                                                                
     In   the   end of  court disputes  the  defendant  shall  be               
granted the last word. It shall not be permitted to ask questions               
or make remarks at that moment.                                                 
                                                                                
     Article 293.  Issues concerning procedure shall be settled by              
the chairperson of the hearing. As  necessary, the chairperson may              
ask the  Seimas to voice its opinion or request approval of his or              
her decisions. Only upon the permission of the chairperson may the              
members of  the Seimas  pose questions  to the participants of the              
proceedings.   The members of the Seimas shall not be permitted to              
speak about the essence of the case or to attempt to influence the              
course of  the proceedings  in any other manner. However, they may              
protest the chairperson's refusal to permit questioning or a hasty              
decision to  terminate  interrogation,  and  may  reject  them  by              
voting.                                                                         
                                                                                
     Article 294.  The defendant  shall have  the right to resign               
from his  office or to renounce the  mandate of the Seimas member               
by  submitting  an  application  in  writing,  in  any  stage  of               
impeachment proceedings  but  only  prior  to  the  beginning  of               
voting. Such  applications must be immediately satisfied. In such               
case, the  impeachment proceedings  shall be  terminated  and  it               
shall be made official by a resolution of the Seimas.                           
                                                                                
     Article 295.  The final part of the legal procedure - voting               
for  the   articles  of  impeachment  -  shall  start  after  the               
defendant's final word.                                                         
                                                                                
     Each article  of impeachment  shall be  put  on  a  separate               
voting card.  After the  text  of  the  charge,  the  alternative               
variants of  the response: "I charge" or  "I do not charge" shall               
be made  thereon.   Prior to  distribution, voting cards shall be               
marked by a special stamp of the chairperson of the hearing.                    
                                                                                
     Article 296.  A   commission for  the calculation  of  votes               
shall be  made in  compliance with  the requirements set forth in               
Article 112 of this Statute.                                                    
     Each article  of  impeachment  shall  be  put  to  the  vote               
separately. Only  the Seimas  members  shall  take  part  in  the               
voting.                                                                         
                                                                                
     Upon calculating  the votes,  the chairperson of the hearing               
shall announce  the voting results on each article of impeachment               
separately.                                                                     
                                                                                
     Article 297.  If 3/5  of all  the Seimas members vote for at               
least one article of impeachment, it shall be considered that the               
person   has been  impeached, i.e.  the Seimas has found that the               
person is  guilty of  the felony  with which  he or  she has been               
incriminated.                                                                   
                                                                                
     Following the  report of  the commission  for the calculation              
of votes,  the  chairperson  of  the  hearing  shall  dictate  the              
following entry of the minutes:                                                 
                                                                                
     "Upon the execution of impeachment proceedings in the Seimas               
on ...  (date), it  has been  found by a majority vote of all the               
Seimas members  that citizen ............(name, surname and post)               
...(entry according  to the  text  of  the  approved  article  of               
impeachment)..., therefore,  from this day the .... (date), (said               
person) shall  be removed  from his  (or her)  post (or  shall be               
deprived of  the mandate of Seimas member) by the decision of the               
Seimas.                                                                         
                                                                                
     Then the  chairperson shall  sign this  entry  and  publicly               
announce it during the Seimas sitting.                                          
                                                                                
     Article 298.   In  the event  that not  a single  article of               
impeachment receives  at least 3/5 of the votes of all the Seimas               
members, it  shall be considered that the Seimas has not approved               
the impeachment.  The chairperson  of the  hearing shall announce               
this publicly  and an  appropriate entry thereon shall be made in               
the minutes of the sitting.                                                     
                                                                                
     In cases  where less  than 3/5  but more  than 1/2 of all the              
Seimas  members   voted  for  the  article  of  impeachment  which              
corresponds to  the indications of a criminal offence, it shall be              
considered that  the Seimas  has assented   to  bringing   a legal              
action against  a concrete  person   (with the  exception  of  the              
President of the Republic).                                                     
                                                                                
     Article 299.   The  minutes of  the Seimas sittings, wherein               
the impeachment  procedure shall  be recorded, shall be signed by               
the chairperson  of the  hearing and the secretary of the hearing               
appointed by him or her.                                                        
                                                                                
     Entries of  the minutes  concerning the voting results shall               
be equaled  to the  resolutions of  the Seimas.  They shall enter               
into effect   from  the moment  of their announcement and must be               
executed .  Along with  the  voting  results,  they  may  not  be               
appealed against or subjected  to review.                                       
                                                                                
     Article  300.     When,   according  to   the  procedure  of               
impeachment, the  Seimas finds that a concrete person  is guilty,               
he/she   shall be considered to have been removed from his or her               
post or  to have  been deprived  of the mandate of Seimas member.               
Legal liability   may  also be  incurred on  them  for  committed               
felonies according to general procedure.                                        
                                                                                
     Individuals who  have resigned from their posts of their own               
accord or  who have  renounced mandates  of a Seimas member shall               
lose the right of inviolability established by  the Constitution,               
and  shall  therefore    be  subjected    to  criminal  liability               
according to the general procedure.                                             
                                                                                
                                                                                
                                                                                
Ceslovas Jursenas                                                               
                                                                                
Speaker of the Seimas of the Republic of Lithuania