REPUBLIC OF LITHUANIA
LAW
ON
THE PROSECUTOR'S OFFICE
Chapter 1
General Provisions
Article 1. The Prosecutor's Office, its
Responsibilities and Functions
1. The prosecutor's office of the Republic of Lithuania, as
the aggregate of prosecutors and investigators, is an independent
component of the judiciary. The prosecutor's office, functioning
at the court of law and representing the State, shall assist, in
accordance with the procedure established by law, in the
administration of justice and shall seek to ensure lawfulness.
2. The prosecutor's office shall:
1) initiate and conduct criminal prosecution;
2) control the activities of the agencies of preliminary
inquiry;
3) conduct preliminary investigation;
4) pursue a public charge;
5) control the execution of a sentence;
6) coordinate the actions of the agencies of preliminary
inquiry and preliminary investigation directed against crime; and
7) defending, in the manner established by law, the lawful
interests of the State and the violated rights of persons,
prepare material for instituting civil proceedings in a law court
and participate during the examination of the case in court.
Article 2. Legal Framework and Basic Principles of
Activities of the Prosecutor's Office
1. The prosecutor's office shall act in compliance with the
Constitution and laws of the Republic of Lithuania, this Law,
international treaties and agreements, the Statute of Service in
the Prosecutor's Office of the Republic of Lithuania, and other
standard acts.
2. Officers of the prosecutor's office shall make decisions
with undivided authority, adhering to the principle of
presumption of innocence and citizens' equality before law,
irrespective of their social and property status, official
duties, party membership, origin, race and nationality, language,
education, religion and occupation.
3. The prosecutor's office shall inform the public of its
activities.
Article 3. Mandatoriness of Demands of Officers of the
Prosecutor's Office
1. Lawful demands of officers of the prosecutor's office
shall be mandatory to all persons.
2. Officers and citizens shall be liable under law for non-
compliance with the demands.
Chapter 2
Independence and Immunity of Officers
of the Prosecutor's Office
Article 4. Independence of Officers of the Prosecutor's
Office
1. In executing their powers, officers of the prosecutor's
office shall be independent and shall observe only the law.
2. The institutions of state power and government and their
respective officers, as well as political parties, public
organisations and movements, and the mass media shall be
prohibited from interfering with the work of the prosecutor's
office during the investigation of cases and discharge of other
functions of the prosecutor's office.
3. It shall be prohibited to hold meetings, pickets and
other actions inside the premises of the prosecutor's office as
well as within a distance closer than that prescribed by the Law
on Meetings of the Republic of Lithuania.
4. It shall be permitted to use cameras, make video or audio
recordings in the prosecutor's office only with the consent of
the head of the appropriate prosecutor's office or its structural
division.
5. Attempts to influence an officer of the prosecutor's
office with the aim of inducing him to adopt an unlawful decision
shall be considered as interference with the activities of the
prosecutor's office and shall incur liability under law.
Article 5. Lodging a Complaint against the Actions of
Officers of the Prosecutor's Office
A complaint may be lodged with the superior prosecutor or,
in the manner established by law, with a court against the
actions of an officer of the prosecutor's office or his failure
to act.
Article 6. Depolitisation of Officers of the
Prosecutor's Office
An officer of the prosecutor's office may not participate in
the activities of political parties or political organisations,
and must observe the principle of political neutrality in his
work.
Article 7. Limitations on Outside Employment of
Officers of the Prosecutor's Office
An officer of the prosecutor's office may not take up other
elective or appointive duties, or be employed in business,
commercial or other private institutions or enterprises. Also, he
may not receive any remuneration other than the salary of the
officer of the prosecutor's office and payment for educational or
creative work.
Article 8. Immunity of Officers of the Prosecutor's
Office
1. Only the Prosecutor General of the Republic of Lithuania
or the court (judges) may institute a criminal action against an
officer of the prosecutor's office.
2. Administrative action may not be brought against an
officer of the prosecutor's office. If an officer of the
prosecutor's office commits an administrative violation, the
matter shall be referred to the Prosecutor General for bringing a
disciplinary action against the officer.
3. An officer of the prosecutor's office shall not be liable
by way of his property if material damage is inflicted on a
person by reason of an erroneous decision adopted in a case or in
matters of the pre-trial investigation, with the exception of
cases where the damage is inflicted by criminal actions of the
officer of the prosecutor's office which have been recognised as
such by a court sentence.
Article 9. Means of Personal Defence of Officers of the
Prosecutor's Office
1. Officers of the prosecutor's office, as well as on the
decision of the Prosecutor General, other employees of the
prosecutor's office shall be granted the right to possess, carry,
keep and use service firearms and special means of defence.
2. The procedure of issue, keeping and preservation of
firearms and special means of defence, and the grounds for the
use thereof shall be regulated by the Statute of Service in the
Prosecutor's Office of the Republic of Lithuania.
Chapter 3
The System of the Prosecutor's Office
Article 10. The System of the Prosecutor's Office of
the Republic of Lithuania
All prosecutors of the Republic of Lithuania and other
officers of the prosecutor's office shall belong to a uniform
centralised system of the prosecutor's office which shall consist
of:
1) the Office of the Prosecutor General at the Supreme Court
of Lithuania;
2) area prosecutor's offices at the area courts; and
3) district prosecutor's offices at the district courts.
Article 11. The Prosecutor General of the Republic of
Lithuania
1. The Prosecutor General of the Republic of Lithuania shall
direct and control the activities of all prosecutor's offices,
and shall determine the internal structure of prosecutor's
offices and the list of staff.
2. Directives and instructions of the Prosecutor General
shall be mandatory to all officers of the prosecutor's office. He
shall have the right to revoke acts of response by all officers
of the prosecutor's office who are subordinate to him, and to
annul those decisions of the said officers which are not in
compliance with law.
3. The Prosecutor General shall be appointed for the term of
seven years and shall be removed from office by the President of
the Republic.
4. The Prosecutor General may be removed from office in
accordance with the procedure established by law in the following
cases:
1) at his own will;
2) upon the expiry of the term of his powers;
3) for reasons of health;
4) upon reaching 65 years of age or by reason of retirement;
5) upon being elected to another office or upon voluntary
transference to another post;
6) if by his action he discredits the prosecutor's name;
7) if judgement of conviction passed on him by court comes
into force.
5. Deputies of the Prosecutor General shall be appointed and
removed from office by the President of the Republic on the
nomination of the Prosecutor General.
Article 12. Office of the Prosecutor General of the
Republic of Lithuania
1. The Office of the Prosecutor General of the Republic of
Lithuania shall consist of departments, boards, divisions and
groups.
2. Structural divisions shall be headed by chief prosecutors
or other officers.
3. The Office of the Prosecutor General shall direct
territorial prosecutor's offices and control their activities.
Article 13. The College of the Prosecutor's Office of
the Republic of Lithuania
1. The College - an institution advising to the Prosecutor
General, shall be formed at the prosecutor's office of the
Republic of Lithuania.
2. The College shall consider the most significant issues
relative to the organisation and activities of the prosecutor's
office.
3. The procedure for forming the College and the scope of
its activities shall be established in the rules of procedure
approved by the Prosecutor General.
Article 14. Territorial Prosecutor's Offices
1. The Prosecutor General shall establish area and district
prosecutor's offices and determine their competence. The above
prosecutor's offices shall be headed by area and district chief
prosecutors.
2. Area chief prosecutors shall control the activities of
district prosecutor's offices in accordance with the procedure
established by law and the Prosecutor General.
Article 15. Powers of Officers of the Prosecutor's
Office in the Territory of the Republic of
Lithuania
1. Officers of the office of the Prosecutor General shall
fulfil in the entire territory of the Republic of Lithuania the
powers that are within their competence as established by the
Prosecutor General.
2. Officers of area and district prosecutor's offices shall
fulfil the powers within their competence in the territory of the
area or district assigned to them and corresponding to the
territory of the respective court of justice.
3. On the instruction of the Prosecutor General officers of
the prosecutor's office may also perform the functions of the
prosecutor in another territory or town.
Chapter 4
Service in the Prosecutor's Office
Article 16. Organisation of Service
The service of officers of the prosecutor's office shall be
organised on the basis of statutory discipline. The terms and
procedure of service shall be established by the Statute of
Service in the Prosecutor's Office of the Republic of Lithuania
approved by law.
Article 17. Officers of the Prosecutor's Office
1. Officers of the prosecutor's office shall be prosecutors
of all levels and their deputies, investigators and their
deputies.
2. Deputy prosecutors, as well as, in accordance with the
procedure established by the procedural criminal law,
investigators shall have the procedural powers of prosecutors.
3. Deputy prosecutors and deputy investigators shall be
delegated to perform individual actions of investigation,
interrogation or operative activities.
Article 18. Appointment and Dismissal of Officers of
the Prosecutor's Office
1. Officers of the prosecutor's office shall be appointed
and dismissed by the Prosecutor General of the Republic of
Lithuania. They shall be public officials.
2. The employment and dismissal from service of officers of
the prosecutor's office shall be regulated by the Statute of
Service in the Prosecutor's Office of the Republic of Lithuania.
Article 19. Removal from Office of Officers of the
Prosecutor's Office
Upon committing a gross violation of official duties or
office-related crime, in cases covered by, and according to the
procedure established by the Statute of Service in the
Prosecutor's Office of the Republic of Lithuania, an officer of
the prosecutor's office may be suspended from duty on the order
of the Prosecutor General until the passing of a relevant
decision.
Article 20. Requirements Set for the Officers of the
Prosecutor's Office
1. Citizens of the Republic of Lithuania, who have command
of the State language and possess the educational and physical
qualifications, and moral qualities necessary for the profession,
may be appointed officers of the prosecutor's office.
2. The Prosecutor General or his deputies, chief prosecutors
and their deputies, prosecutors of divisions of the Office of the
Prosecutor General and investigators may be persons who have been
trained in law.
3. Persons who are 35 years of age and over and who have
served for at least 10 years as prosecutors or investigators or
judges may be appointed as the Prosecutor General or his deputy.
4. Persons who have served for at least 3 years as
prosecutors, investigators or judges may be appointed as chief
prosecutors.
5. Persons who have no practical experience of work in the
legal profession shall undergo a one-year probationary work
period as officers of the prosecutor's office.
Article 21. The Oath of the Officer of the Prosecutor's
Office
1. Officers of the prosecutor's office of the Republic of
Lithuania shall take the following oath to the State of
Lithuania:
"I, officer of the prosecutor's office (name, surname), do
swear to preserve loyalty to the Republic of Lithuania, to
implement the Constitution and other laws of the Republic of
Lithuania, to spare no effort to stamp out crime and other
violations of law, to conscientiously fulfil my duties and to
never discredit the name of officer of the prosecutor's office.
So help me God!"
The last sentence may be omitted from the oath.
2. The President of the Republic shall administer the oath
to the Prosecutor General and his deputies, whereas other
officers of the prosecutor's office shall be put on oath by the
Prosecutor General of the Republic of Lithuania in accordance
with the procedure established by the Statute of Service in the
Prosecutor's Office of the Republic of Lithuania.
3. Officers who refuse to take the oath shall not be
employed in the prosecutor's office of the Republic of Lithuania.
Article 22. Ranks and the Official Vestment of the
Officers of the Prosecutor's Office
1. Ranks shall be given to officers of the prosecutor's
office of the Republic of Lithuania taking into consideration
their official duties and length of service.
2. During court proceedings prosecutors shall wear a robe
with an insignia bearing the emblem of the State of Lithuania
When exercising other duties, the prosecutors shall wear
vestments with distinguishing insignia.
3. The prosecutors' model insignia shall be approved by the
President of the Republic.
The procedure for giving ranks, and the issue and wearing of
official vestments shall be established by the Statute of Service
in the Prosecutor's Office of the Republic of Lithuania.
Article 23. Associations of Officers of the
Prosecutor's Office
Officers of the prosecutor's office may form associations
for satisfying their cultural and social requirements.
Article 24. Prohibition of Strikes
Officers of the prosecutor's office shall be prohibited from
striking.
Chapter 5
Competence, Rights and Duties
of the Prosecutors and Investigators
Article 25. Conducting Criminal Prosecution
The prosecutor shall commence criminal prosecution in the
manner prescribed by the law on criminal procedure, in the course
of criminal investigation he shall conduct acts of prosecution
and, if there is sufficient grounds, shall refer the case to
court.
Article 26. Control over the Activities of the Bodies
of Investigation
1. The prosecutor shall, in the manner prescribed by the law
on criminal procedure and other laws, control and direct
investigation seeking that the bodies of investigation undertake,
strictly in compliance with the requirements established by laws,
all possible search and procedural actions in order to determine
the identity of the person who committed a crime with regard to
whom the prosecutor may instigate criminal prosecution. The
prosecutor may himself conduct investigation of any crime.
2. For the violations of law as well as for the
noncompliance with the prosecutor's instructions the prosecutor
who directs the investigation may suspend the investigator from
the investigation of a certain crime or request that he be
removed from office or that another disciplinary penalty be
applied to the investigator.
3. The prosecutor's request to take a disciplinary action
against the investigator must be considered and the prosecutor
must be notified in writing of the adopted decision within 15
days of the receipt of the request.
Article 27. Preliminary Investigation
1. Preliminary investigation shall be conducted by
investigators in the manner prescribed by the law on criminal
procedure.
2. The prosecutor may himself conduct the investigation with
regard to any crime.
Article 28. Pursuing Charges on Behalf of the State
1. The prosecutor shall pursue charges on behalf of the
state in the manner prescribed by the law on criminal procedure
in the court of first instance, court of appellate jurisdiction
and court of cassation.
2. The prosecutor must appeal against unlawful or
unjustified court sentences, rulings and decisions.
3. A senior prosecutor must appeal against the unlawful or
unjustified court sentences, rulings or decisions which have not
been appealed against by the prosecutor subordinate to him as
well as nullify, in accordance with the procedure established by
the Prosecutor General, an unjustified appeal lodged by a
prosecutor in subordinate position.
Article 29. Control over the Execution of Sentences
The prosecutor shall control in the manner established by
law that sentences which come into force be timely referred for
execution and carried out, shall participate in court sittings on
the issues concerning the changing of the term and conditions of
punishment imposed on the convicted persons.
Article 30. Coordination of Actions against Crime
1. The Prosecutor General of the Republic of Lithuania,
chief prosecutors of territorial prosecutor's offices shall
coordinate the actions against crime of the bodies of preliminary
inquiry and preliminary investigation in the cases where the
necessity of joint actions in the work arises.
2. For the coordination of actions the prosecutor shall call
meetings to which the heads of other interested institutions may
also be invited.
3. The prosecutor shall have the right to request that the
heads of bodies of preliminary inquiry and preliminary
investigation present information concerning the implementation
of coordinated actions and decisions.
Article 31. Protection of Legitimate Interests of
the State and Violated Rights of Persons
1. Upon receiving an application or other information
concerning violations of legitimate interests of the state or
civil rights of persons, the prosecutor shall, in accordance with
the procedure established by law, prepare material for
instituting a civil action in court in the event of violation of:
1) interests of legally incapable persons or persons with
limited capability, or disabled persons, or minors or other
persons who have limited possibilities to protect their rights;
or
2) proprietary interests and other legitimate interests of
the state, while the officials who must defend the said interests
failed to take any actions to eliminate the violations.
2. If examination of the application specified in Par.1
hereof is within the jurisdiction of other institutions, the
application shall be referred to that institution in accordance
with the jurisdiction.
Article 32. The Rights and Duties of the Prosecutor in
Preparing Material for Instituting Civil
Proceedings in Court and Participating in the
Hearing
1. When preparing material for instituting civil proceedings
in court, the prosecutor shall have the right to:
1) request that bodies of state administration and
subordinate institutions, state controlled bodies, local
governments, enterprises, institutions, organisations and banks
as well as parties and public organisations present standard and
other legal acts, documents and other information;
2) to charge heads and other officers of bodies of state
administration and state control, enterprises, institutions and
organisations to carry out checks, audits, expert examinations
and to present findings;
3) to summon citizens and officers and receive their
explanations concerning violations of law; and
4) as necessary, perform direct in situ investigation of the
circumstances of violations of civil interest specified in the
applications.
2. Upon establishing violations of law, the prosecutor,
taking into account the character of the violations, must:
1) in the manner established by the law on civil procedure
bring actions and file applications in court; and
2) participate in civil proceedings initiated on the
prosecutor's initiative, appeal against unlawful or unjustified
judgements, decisions or rulings of the court passed in the said
cases.
Article 33. Other Rights and Duties of the Prosecutor
1. The Prosecutor General of the Republic of Lithuania shall
be entitled to:
1) participate in the sessions of the Seimas of the Republic
of Lithuania and meetings of the Government of the Republic of
Lithuania;
2) to propose to the chairman of the Senate of Judges the
examination of issues concerning the application of laws in the
judicial practice, participate in the sittings of the Senate of
Judges and express there his opinion on the issues under
discussion.
2. Prosecutors shall have the right to attend the sessions
of the local government Councils and their executive bodies.
Chapter 6
Acts of Response of the Prosecutor
Article 34. Acts of Response of the Prosecutor
When investigating and examining criminal and civil cases
regarding legal violations, prosecutors shall respond in the
manner prescribed by the law on criminal procedure and the law on
civil procedure.
Chapter 7
Social Guarantees of the Officers
of the Prosecutor's Office
Article 35. Remuneration of Officers of the
Prosecutor's Office
The procedure and terms and conditions of remuneration for
the officers of the prosecutor's office shall be established by
the laws of the Republic of Lithuania.
Article 36. Pensions of Officers of the Prosecutor's
Office
Pensionary maintenance of officers of the prosecutor's
office shall be regulated by the laws of the Republic of
Lithuania.
Article 37. Provision of Officers of the Prosecutor's
Office with Housing Accommodation
Officers of the prosecutor's office who have no
accommodation in the place of their assignment shall be provided
with official housing accommodation in accordance with the
procedure established by law.
The officer's expenses related to the payment of rent shall
be reimbursed in the manner prescribed by the Government of the
Republic of Lithuania until he is provided with official housing
accommodation or until he provides himself with accommodation.
Article 38. Holidays of Officers of the Prosecutor's
Office
Holidays shall be granted to the officers of the
prosecutor's office in accordance with the procedure established
by the Law on Holidays of the Republic of Lithuania.
Article. 39. Other Social Guarantees of the Officers of
the Prosecutor's Office
Other social guarantees of the officers of the prosecutor's
office shall be established by the laws of the Republic of
Lithuania.
Article 40. Divestiture of Social Guarantees of
Officers of the Prosecutor's Office
The officers of the prosecutor's office who are removed from
office for the committing of gross violations of official duties
or crimes shall be divested of the right to social guarantees
provided for by Article 36 of this Law.
Chapter 8
Financing and Supply of Materials
for the Prosecutor's Office
Article 41. Financing of the Prosecutor's Office
1. The prosecutor's office of the Republic of Lithuania
shall be financed from the State budget and shall have a separate
budget of expenditure.
2. The expenditures of the prosecutor's office of the
Republic of Lithuania shall be approved by the Seimas of the
Republic of Lithuania.
Article 42. Supply of Materials for the Prosecutor's
Office
The Government of the Republic of Lithuania and executive
bodies of local governments shall provide the prosecutor's
offices with office premises and facilities for communications,
and shall guarantee the supply of other materials.
Chapter 9
Final Provisions
Article 43. Improvement of Qualifications of the
Officers and Specialists of the Prosecutor's
Office, Publications
The Office of the Prosecutor General of the Republic of
Lithuania may establish institutions for the improvement of
qualifications of officers and specialists of the prosecutor's
office and publish special publications.
Article 44. International Links of the Prosecutor's
Office
The prosecutor's office of the Republic of Lithuania shall
maintain links with the prosecutor's offices and other law
enforcement institutions of other states.
Article 45. Entry into Force of the Law of the Republic
of Lithuania on the Prosecutor's Office
1. The Law of the Republic of Lithuania on the Prosecutor's
Office shall enter into force as of 1st January 1995.
2. The procedure for reforming the prosecutor's office of
the Republic of Lithuania shall be established by the Law of the
Republic of Lithuania "On the Procedure of Entry into Force of
the Law of the Republic of Lithuania on the Prosecutor's Office."
I promulgate this Law passed by the Seimas of the Republic
of Lithuania
President of the Republic
Algirdas Brazauskas
Vilnius
13 October 1994
No. I-599