REPUBLIC OF LITHUANIA
COURT LAW
PART ONE
SYSTEM OF COURTS IN THE REPUBLIC OF LITHUANIA
Article 1. Courts in Lithuania
1. In the Republic of Lithuania, justice shall be
administered through district courts, area courts, the Court of
Appeal of Lithuania, and the Supreme Court of Lithuania, all of
which shall be formed in accordance with the State laws.
2. The courts in the Republic of Lithuania shall act as
independent juridical persons and shall possess a seal bearing
the State Emblem.
Article 2. District Courts
A district court shall consist of a chairperson, vice-
chairpersons, and judges. The vice-chairpersons shall be
appointed in a court of no less than six judges.
Article 3. Area Courts
1. An area court shall consist of a chairperson, department
chairpersons, and judges.
2. An area court shall have a department of civil case and a
department of criminal cases.
3. The jurisdiction of area courts shall be established by
law.
Article 3. The Court of Appeal of Lithuania
1. The Court of Appeal of the Lithuanian Republic shall
consist of a chairperson, department chairpersons, and judges.
2. The Court of Appeal shall embody the department of civil
cases and the department of criminal cases.
3. The headquarters of the Court of Appeal shall be in
Vilnius, the capital of Lithuania.
Article 5. The Supreme Court of Lithuania
1. The Supreme Court shall consist of a chairperson,
department chairpersons, and judges.
2. The Supreme Court shall embody the department of civil
cases, the department of criminal cases, and the Senate of
Lithuanian judges.
3. The headquarters of the Supreme Court shall be in
Vilnius, the capital of Lithuania.
Article 6. The Number of Judges
1. The number of judges in district and area courts and in
the Court of Appeal shall be established by the Supreme Council
of the Republic of Lithuania upon the proposal of the Chairperson
of the Supreme Court and the Minister of Justice.
2. The number of judges in the Supreme Court shall be
established by the Supreme Council of the Republic of Lithuania
in accordance with a proposal from the chairperson of the Supreme
Court.
3. A district court must have at least two judges.
Part Two. Court Jurisdiction
Article 7. District Court Jurisdiction
District courts shall be considered to be of first instance
for:
1) civil cases;
2) criminal cases;
3) administrative cases;
4) cases connected with the execution of judgements or
sentences; and
5) cases connected with the investigation or examination of
actions of officials.
Article 8. Area Court Jurisdiction
Area Courts shall be considered to be:
1) of first instance for civil cases which are attributed by
law to their jurisdiction;
2) of first instance for criminal cases which are attributed
by law to their jurisdiction;
3) of appeal instance for the judgements, sentences,
decisions, and resolutions of the district courts; and
4) of cassation instance for the judgements, sentences,
decisions and resolutions of the district courts, after they come
into force.
Article 9. Jurisdiction of the Court of Appeal
The Court of Appeal shall be considered to be of appeal
instance for cases which were investigated by an area court as of
first instance.
Article 10. Jurisdiction of the Supreme Court
1. The Supreme Court shall be considered to be of cassation
instance for the judgement, sentences, decisions and resolutions
of the area courts after they come into force, as well as for
cases of the Court of Appeal.
2. The Supreme Court shall publish a periodical bulletin of
the practice of the courts.
Part Three. The Senate of Lithuanian Judges
Article 11. The Structure of the Senate
1. The Senate of Lithuanian Judges shall consist of the
chairperson of the Supreme Court, its departments chairpersons
and judges, the chairperson of the Court of Appeal, and
chairpersons of the area courts.
2. The secretary of the Senate shall be selected from the
judges of the Supreme Court by the Senate.
3. The chairperson of the Supreme Court shall act as the
chairperson of the Senate.
Article 12. The Jurisdiction of the Senate of Judges
1. The Senate of Judges shall:
1) examine, on the request of the chairperson, the courts'
practice and give recommendations on the application of laws;
2) investigate complaints concerning decisions of the
Examination Committees of Judges and the Judges' Court of Honour.
The decision of the Senate of Judges shall be final.
2. The Minister of Justice and Procurator General shall have
the right to propose that the chairperson of the Senate consider
questions of the courts' practice, participate in the sessions of
the Senate, and express his or her opinion on the issues being
discussed.
Article 13. Sessions of the Senate of Judges
1. Sessions of the Senate of Judges shall be called by the
chairperson of the Senate no less than once every six months.
2. The agenda of the session shall be announced and the
drafts of documents shall be sent to the judges of the Senate,
the Minister of Justice, and the Procurator General at least
thirty days before the beginning of the session.
3. Session shall be considered to be lawful if at least two
thirds of the members of the Senate participate therein. Decisions
shall be made by open ballot. Decisions shall be adopted by
majority vote of the participants of the session.
4. Resolutions of the Senate of Judges shall be signed by
the Senate chairperson and secretary.
Part Four. Judges and Court Candidates
Article 14. District Court Judges
Persons may be nominated to district judge if they are at
least 25 years old, are a citizen of the Republic of Lithuania,
have higher juridical education, meet the physical and moral
demands of the profession of judge, have practiced law as a court
member or candidate for two years, and have passed the district
judge examinations.
Article 15. Judges of Area Courts and the Court of Appeal
District judges may be nominated to judge of an area court or
the Court of Appeal if they have been practicing law as a judge,
procurator, assistant procurator, lawyer, or state arbiter for at
least three years and have passed the examinations for the area
court or the Court of Appeal.
Article 16. Supreme Court Judges
1. Judges of area courts or the Court of Appeal may be
nominated to Supreme Court judge if they have been practicing law
as a judge, procurator, lawyer, or state arbiter for at least
five years and have passed the Supreme Court judge examinations.
2. Citizens of the Republic of Lithuania may be nominated
without examinations to Supreme Court judges if they have an
academic law degree.
3. In exceptional cases, district judges may be nominated to
Supreme Court judge if they have practiced law as a judge for at
least five years and have passed the Supreme Court judge
examinations.
Article 17. Court Candidates
1. Citizens of the Republic of Lithuania having higher
juridical education may be nominated as court candidates.
2. The Minister of Justice shall appoint a court candidate
to work on probation for no more than two years at a district
court.
3. If a court candidate does not pass the district judge
examinations, he or she shall be relieved of the post of
candidate.
4. Court candidates shall work on probation under the
guidance of the court chairperson. The programme for probational
work shall be confirmed by the Minister of Justice and the
Supreme Court chairperson.
Part Five. Judge Examinations
Article 18. Examination Committees of District Court Judges
The examination committees of the district court judges
shall be nominated in each area and shall consist of three area
court judges according to an order of the Minister of Justice.
Article 19. The Examination Committee of Supreme Court, the
Court of Appeal, and Area Court Judges
The examination committee of the Supreme Court, the Court of
Appeal, and area courts shall consist of three judges from the
Supreme Court, who shall be appointed by order of the Supreme
Court chairperson.
Article 20. Programme and Regulations for Judge Examinations
The judge examination programme and regulations shall be
confirmed by the Supreme Court chairperson and the Minister of
Justice.
Article 21. Judge Examinations
Examinations shall be taken:
1) by persons, before being nominated as candidates to a
judge's post;
2) by judges, before being given a new assignment in an area
court, the Court of Appeal, or the Supreme Court.
Part Six. Appointment of Judges
Article 22. Appointment of District Court Judges
1. Candidates to district court judge shall be selected by
the Minister of Justice, primarily from the court candidates.
2. District court judges shall be appointed by the
Presidium of the Supreme Court of the Republic of Lithuania based
on a presentation of the Minister of Justice and the conclusions
of the examination committee.
3. The Minister of Justice shall appoint district court
judges to their working posts.
4. The Minister of Justice shall appoint the court
chairpersons and vice-chairpersons.
Article 23. Appointment of Area Court and the Court of
Appeal Judges
1. Judges of area courts and the Court of Appeal shall be
selected by the Supreme Court chairperson in coordination with
the Minister of Justice.
2. Judges of area courts and the Court of Appeal shall be
appointed by the Presidium of the Supreme Council of the Republic
of Lithuania, based on a presentation of the Supreme Court
chairperson and the conclusions of the examination committee.
3. Judges nominated to the Court of Appeal shall be
confirmed by the Supreme Council of the Republic of Lithuania.
Article 24. Appointment of the Supreme Court Chairperson and
Department Chairpersons
The Supreme Court chairperson and the department
chairpersons shall be appointed by the Supreme Council of the
Republic of Luithuania upon the proposal of the Chairperson of
the Supreme Council.
Article 25. Appointment of Supreme Court Judges
1. Judges of the Supreme Court shall be selected by the
chairperson of the Supreme Court.
2. Judges of the Supreme Courts shall be appointed by the
Supreme Council of the Republic of Lithuania, based on a
presentation of the Supreme Court chairperson and the conclusions
of the judges examination committee.
Article 26. Term of Office
The term of office for a judge in the Republic of Lithuania
shall be five years. Upon the expiration of the term, judges may
hold office: women - until the age of 60, men - until the age of
65.
Article 27. The Transfer of District Court Judges to the
Same Post in Another Court
The Minister of Justice may transfer district court judges
to the same post and status in another court upon their consent.
Article 28. Substitution of District Court Judges
If a district court judge falls ill or if the judge is
absent for another reason, the Minister of Justice may appoint a
temporary substitute from a different district to fill this post.
Part 7. Court Chairpersons and their Assistants
Article 29. Court Chairpersons
1. The chairperson of the court shall administer justice and
guide the court.
2. The chairperson, in examining cases, shall have the same
rights and duties as the other court judges.
3. The chairperson shall not have the right to influence
the other judges in the administration of justice.
4. In cases provided by law, the court chairpersons shall
have the right to examine complaints concerning resolutions made
by the judges in the general process.
Article 30. District Court Chairpersons
The district court chairperson shall organize the work of the
judges so that they have equal volumes of work, shall guide the
court candidates, and shall hire and dismiss office employees and
other officials.
Article 31. District Court Vice-Chairpersons
1. The district court vice-chairperson shall administer
justice and bear responsibility for the work which the district
court chairpersons charges him or her with.
2. The district court vice-chairperson, in examining cases,
shall have the same rights and duties as the other court judges.
3. The district court vice-chairperson shall not have the
right to influence the other judges in the administration of
justice.
Article 32. Chairpersons of Area Courts and the Court of
Appeal
The chairpersons of area courts and the Court of Appeal
shall hire and dismiss office employees and other officials.
Article 33. Chairpersons of Area Courts, the Court of
Appeal, and the Supreme Court
The chairpersons of the area courts, the Court of Appeal,
and the Supreme Court shall administer justice, distribute cases
for the judges, and organise office work.
Article 34. The Supreme Court Chairperson
The Supreme Court chairperson shall call the Senate of
judges, and shall hire and dismiss office employees and other
officials.
Article 35. Substitution of Court Chairpersons
1. In the absence of the chairperson of an area court, the
Court of Appeal, or the Supreme Court, the Presidium of the
Supreme Council of the Republic of Lithuania shall charge one of
the department chairpersons of the respective court with the
office.
2. In the absence of both the chairperson and vice-
chairperson of a district court, the office shall temporarily be
filled by a judge of the respective district court on the order
of the Minister of Justice.
Part 8. The Oath and Distinguishing Symbols of Judges
Article 36. Symbols of Power of Judges and Courts
1. In accordance with the procedure established by the
Presidium of the Supreme Council of the Republic of Lithuania,
the State Banner and State Emblem must be displayed in court
rooms during sessions.
2. The symbols of power of judges of the Republic of
Lithuania shall be the mantle and the symbol bearing the State
emblem.
3. The Presidium of the Supreme Court of the Republic of
Lithuania shall establish the sample of judges' symbols and
certificates.
4. In accordance with the procedure established by the
Presidium of the Supreme Court of the Republic of Lithuania,
lawyers and procurators shall wear judges' mantles during court
sessions.
Article 37. The Judge's Oath
1. Persons nominated to the post of judge must, before taking
office, take an oath to the Supreme Council or the Presidium of
the Supreme Court of the Republic of Lithuania which shall read as
follows: "I, judge (name), swear allegiance to the Republic of
Lithuania, swear to respect its Constitution and laws, to defend
human rights, freedom, and legal interests, to always act
honourably and humanely, and to never let my behaviour damage the
title of Judge.
So help me God."
The last line may be omitted from the oath.
2. Judges must sign the text of the oath, which shall be
kept in their personal file.
3. The oath shall be valid during the judge's entire term of
service in the Lithuanian courts.
4. Persons nominated as judge who have not taken the oath
shall not have the right to take office.
Part 9. Independence of the Judge and Court
Article 38. Independence of the Judge
1. Judges and courts administering justice shall be
independent in obeying the law and their own conscience, and shall
be responsible to the Supreme Council of the Republic of
Lithuania.
2. In making decisions, the court shall observe only the
laws which do not contradict the Constitution of the Republic of
Lithuania, as well as the resolutions and orders of the Government
which do not contradict the laws, and other standard acts which do
not contradict the laws or the resolutions and orders of the
Government.
3. Interference of State authorities or institutions,
political parties, public organizations or movements, officials,
or other persons in the work of judges of courts shall be
prohibited and shall ensue juridical responsibility as
established by law.
4. Meetings, pickets and other actions which are carried out
in court or within the progibited boundary established by law
around the court with the aim of influencing the judges or jury
shall be considered interference with the work of the judges or
jury.
Article 39. The Inviolability of the Judge
1. Judges may not be arrested or prosecuted without special
permission from the Supreme Council or the Presidium of the
Supreme Council of the Republic of Lithuania.
2. Criminal actions may only be brought against judges with
the permission of the Procurator's General.
3. Upon being charged with a criminal action, judges shall
have their powers termintated by the Supreme Council or the
Presidium of the Supreme Council of the Republic of Lithuania,
based on a presentation of the Procurator General.
4. Administrative actions may not be brought against judges.
If a judge breaks the administrative law, evidence against the
judge shall be passed on to the Minister of Justice or the
chairperson of the Supreme Court in order to bring a disciplinary
case against the judge.
Article 40. Obligation of Requirements of Judges
The requirements of judges when they are administering
justice are obligatory for every physical and juridical person.
Violation of the requirements shall ensue juridical
responsibility.
Article 41. The Depolitization of Judges
1. Persons nominated as judges must stop their activities
and membership in all political parties, social-political
movements, and other political organization.
2. Judges may join together into associations of lawyers or
judges.
Article 42. Restrictions on the Work of Judges Outside of
Court
Judges shall not have the right to hold more than one job,
with the exeption of pedagogical and scientific work.
Part 10. Social Guarantees for Judges
Article 43. Pensions for Judges
The laws of the Republic of Lithuania shall guarantee
pensions for judges.
Article 44. Housing Accomadations for Judges
1. Judges shall be provided with apartments in accordance
with the state laws of the Republic of Lithuania.
2. Persons nominated as judges and appointed in a place
where they do not have housing shall, in accordance with the
procedure established by the Government, be provided with an
official apartment or shall receive rent compensation if they are
renting living space in a building which is not the property of
the local government.
Article 45. Judges' Vacations
The vacation time of judges shall be established by the laws
of the Republic of Lithuania.
Article 46. Wages and Other Social Guarantees for Judges
1. Judges' wages and bonuses shall be established by the
Presidium of the Supreme Council of the Republic of Lithuania.
2. Accident insurance and other social guarantees for judges
shall be esablished by the laws of the Republic of Lithuania.
Part 11. Dismissal, Recall and Disciplinary Responsibility
of Judges
Article 47. Dismissal of Judges
The Supreme Council or the Presidium of the Supreme Council
of the Republic of Lithuania shall have the right to dimiss a
judge based on a presentation from the Minister of Justice or the
Supreme Court chairperson if the judge:
1) is ill;
2) takes a new office or is tranferred to another job on his
or her own consent;
3) so desires;
4) reaches the age indicated in Article 26.
Article 48. Recalling a Judge
1. A judge may be recalled if his or her behavior damaged
the title of judge or if a sentence with which he or she is
charged comes into force.
2. The Supreme Council or the Presidium of the Supreme
Council of the Republic of Lithuania shall have the right to
recall a judge on the grounds of a presentation from the Minister
of Justice or the Supreme Court chairperson.
Article 49. The Court of Honour of Judges
1. The Presidium of the Supreme Council of the Republic of
Lithuania shall form the Court of Honour consisting of five
Supreme Court judges as presented by the Supreme Court
chairperson.
2. The Supreme Court chairperson and the department
chairpersons shall not have the right to be members of the Court
of Honour.
3. The Court of Honour shall be one for all of the judges of
the Republic of Lithuania.
4. The Court of Honour shall examine disciplinary suits in
accordance with the present law and the Court of Honour
regulations, which shall be confirmed by the Supreme Council of
the Republic of Lithuania.
Article 50. Disciplinary Responsibility of Judges
1. A judge shall be responsible for:
1) carelessness of duties;
2) official fault that may damage the authority of a judge;
3) behaviour which marrs the title of a judge; and
4) administrative fault.
2. Abolishment of a verdict, sentence, decision or
resolution of the court cannot serve as a basis for bringing a
disciplinary action against a judge.
3. The Supreme Court chairpersons shall have the right to
bring a disciplinary suit against a judge for the above mentioned
faults.
4. A disciplinary action against a district judge may be
brought by the Minister of Justice.
Article 51. Imposition of Fines
1. Upon examining a disciplinary suit against a judge, the
Court of Honour may:
1) declare a reproof;
2) declare an official reprimand;
3) declare a severe reprimand; or
4) propose a recall.
2. The Court of Honour has the power to:
1) acquit a judge;
2) confine itself to the hearing of the case; and
3) cancel a case if the reason for its examination has
passed.
3. A judge may appeal against a resolution of the Court of
Honour to the Senate of Judges within ten days of its adoption.
Part 12. The Main Principles of Court Activities
Article 52. Justice Shall be Administered Solely by the
Court
1. In the Republic of Lithuania, only the above mentioned
courts shall have the right to administer justice, and shall pass
judgements and sentences in the name of the Republic of
Lithuania.
2. The courts of emergency powers shall not have the right
to be formed in the Republic of Lithuania.
Article 53. Equality before the Law
In the Republic of Lithuania, all legal and natural persons
shall be equal before the law and court, regardless of their
social or material position, duties, party membership, origin,
race, nationality, religion, beliefs, education, occupation, or
other conditions.
Article 54. Right to Court Defence
1. Al citizens of the Republic of Lithuania shall have the
right to court defence for enchroachment on their life or health,
personal liberty, private property, personal honor or dignity,
and other rights and liberties which are guaranteed by the
Constitution, as well as for the illegal actions of state
powers, institutions or officials.
2. Foreign citizens and persons without citizenship shall
have the same right to court defence as citizens of the Republic
of Lithuania.
3. Legal persons shall also have the right to court defence.
Article 55. Presumption of Innocence
A person shall be considered innocent until a verdict
confirming his or her guilt comes into force.
Article 56. The Right to Defence and Juridical Help
1. The right to defence shall be guaranteed both for persons
suspected of having committed a crime and for persons who have
been accused from the very beginning of the investigation as well
as in court.
2. In criminal cases, lawyers shall ensure the defence while
in civil or administrative cases other persons approved by law
shall render juridical aid together with the lawyers.
Article 57. The Contending Principle and Publicity of the
Court Process
1. Cases shall be investigated in courts publicly and in
accordance with the law.
2. In situations defined by law, cases shall be
investigated at closed meetings, although the verdict or
resolution adopted shall nevertheless be partially made public.
Article 58. Language of the Court
1. The language of the court shall be Lithuanian.
2. The court shall guarantee the service of an interpreter
for those persons who do not speak the Lithuanian language.
Part 13. Investigation of a Case in Court
Article 59. Investigation of Cases in District Courts
In district courts, the judge shall investigate cases alone.
Article 60. Investigation of Cases in Area Courts, the
Court of Appeal, and the Supreme Court
In area courts, the Court of Appeal and the Supreme Court
all cases, including cassation, shall be investigated by a board
of three judges who shall be appointed by the chairperson of the
respective court or department.
Article 61. Participation of the Procurator
The Procurator General of the Republic of Lithuania and
procurators subordinate to him or her shall have the right to
participate in the investigation processes in all Lithuanian
courts. The procurators' rights shall be defined by law.
Article 62. Record of Court Proceedings
1. Court proceedings shall be recorded by the court
secretary, who shall be an official of the office of the court.
2. The records shall be signed by the judge (board
chairperson) and the secretary. Authenticity of the record shall
be testified by persons who gave evidence or explanations as well
as by other trial participants in accordance with the procedure
established by law.
3. Before taking office, the court secretary shall sign an
official engagement, the content and form of which shall be
approved by the Minister of Justice.
Part 14. Work Conditions in Court
Article 63. Court Work Guarantees
1. The proper work conditions in courts shall be ensured by
the State.
2. The activities of district and area courts and the Court
of Appeal shall be ensured by the Minister of Justice in
accordance with the principle of independence of courts and
judges as established by this law.
3. The activities of the Supreme Court as well as its
technical provision shall be ensured by the corresponding
departments of the Supreme Council of the Republic of Lithuania in
accordance with the principle of independence of courts and
judges.
4. The Minister of Justice shall control the court work
statistics.
Article 64. Court Office
1. Every court shall have an office which shall help to
regulate the court work. The constituent body of the office is
the archives.
2. Work in the office shall be organized by the head of the
office.
3. The work of the office and archives as well as statistics
control in the district or area courts and the Court of Appeal
shall be regulated by the instructions confirmed by the Minister
of Justice.
4. The office work of the Supreme Court shall be regulated
by the instructions confirmed by the chairperson of the Supreme
Court.
Article 65. Court Work Control and Financial Activity
The work of the district and area courts and the Court of
Appeal as well as their financial activities (except
administering justice) shall be controlled and revised by the
Ministry of Justice, while the activities of the Supreme Court --
by the Supreme Council of the Republic of Lithuania.
Part 15. Court Bailiff
Article 66. Process of Execution
1. Court resolutions and other decisions approved by law
shall be carried out by a district court bailiff.
2. The request of the court bailiff during the process of
execution shall be obligatory for all physical and juridical
persons in the Republic of Lithuania.
3. In the process of Execution, the court bailiff shall be
guided by laws and instructions confirmed by the Minister of
Justice.
Article 67. Court Bailiff
1. A person who is at least 23 years old, is a citizen of
the Republic of Lithuania, has, as a rule, higher or secondary
juridical education, and has passed the court bailiff's
examinations may be nominated as court bailiff.
2. The Minister of Justice shall have the right to hire or
dismiss bailiffs and regulate their number in judicial bodies.
Article 68. Senior Court Bailiff
1. If there are two or more bailiffs in a court, one of them
shall be appointed by the Minister of Justice as senior bailiff.
2. If there is only one bailiff in a court, he or she shall
be considered the senior bailiff.
3. Senior bailiffs shall organize and control the activities
of other bailiffs, carry out execution work, run the bailiff
office, and hire and dismiss office employees.
Article 69. Court Bailiff Examinations
The examination program shall be confirmed and the
examination committee shall be formed by the Minister of Justice,
selecting people from the Ministry officials and court bailiffs.
Article 70. Responsibility of Court Bailiffs
1. Court bailiffs shall be responsible for the material
damage which is caused by their fault. For this reason, the
Ministry of Justice and the bailiff shall sign an agreement on
the bailiff's full material responsibility.
2. The activities of court bailiffs shall be controlled by
the Minister of Justice while their financial activities shall be
controlled by the State Tax inspection.
Article 71. Protection of Court Bailiffs
1. Court bailiffs shall be protected by law.
2. Court bailiffs shall be guaranteed police assistance if
they are resisted while fulfilling their duties.
Article 72. Complaints Concerning the Actions of Bailiffs
Complaints concerning a bailiff's actions while fulfilling
his or her duties shall be examined in court in accordance with
the established procedure.
Article 73. The Court Bailiff Uniform
1. Court bailiffs shall have a uniform approbated by the
Minister of Justice.
2. While fulfilling their duties, court bailiffs must wear
the court bailiff uniform.
Article 74. The Office of Court Bailiffs
1. The court bailiff's office shall be attached to the court
and shall act as a legal person.
2. The office shall consist of a senior bailiff, court
bailiffs and clerks.
3. The court bailiff office shall have its own deposit
account in the State Bank.
Vytautas Landsbergis
President
Supreme Council
Republic of Lithuania
Vilnius
6 February 1992
No.I-2273