Recentdevelopments in the judicial field in Lithuania since 1 July, 2015

The Ministry of Interior implements the project on the integrated informational system of criminal procedure developed for the e-file in pre-trial investigation that should start to operate from January, 2016.

The law on the amendments of the Code of Criminal Procedure due to the introduction of this system was adopted on November 19, 2015.

The changes enshrine that during the pre-trial investigation pre-trial investigation institutions, prosecutors and courts shall exchange the documents within this informational system. In the time of pre-trial investigation related data shall be managed electronically according to the regulations, adopted by the Minister of Interior and the General Prosecutor, in consultation with the Judicial Council and the Bar Association.

It should be pointed out that the general rule enshrined in the Code of Criminal Procedure states that all data during the pre-trial investigation is managed electronically. Nevertheless, the data in criminal cases that are heard in courts shall be managed electronically only in those types of criminal cases that shall be set out by the Judicial Council, in consultation with the Prosecutor General.

Therefore, the amendments presented hereof will lead to the start of the e-file in pre-trial investigation from 2016 and also shall leave the open door to the e-file in criminal cases in the future, when and if the necessary legal amendments and informational systems shall be developed.

From August 1, 2015, the Register for Administrative Offence Cases and the e–file system for administrative offence cases started to operate. Also, the new Code of Administrative Offences will come into force from April 1, 2016. The amendments in the Lithuanian courts information system LITEKO, related to the changes on qualification of administrative offences and in the hearing procedures of such cases shall be also implemented.

The amendments of the Code of Criminal Procedure were adopted, allowing to interrogate the suspected  or accused persons via video conferencing system (will come into effect on January 1, 2016)

The amendments of the Code of Criminal Procedure shall be adopted in the nearest future, implementing the directive on the rights of victims (Directive 012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA). The amendments also include the possibility for the interpreter to participate in the court hearing via video conferencing system.

The amendments of the Law on the Notariate were adopted on October 10, 2015. The aim of the amendments was to improve legal provisions governing the profession of notaries, to expand functions performed by notaries (notary inter alia may exercise the functions of a mediator in disputes of civil matters) as well as to remove the legal regulatory gaps and reduce the administrative burden.

 

Laima Garnelienė

Judge of the Court of Appeal of Lithuania

CEPEJ member (representative of Lithuania)