Q & A - Lithuania

Abuse Of Office

1. Is abuse of office a criminal offence?

Answer: Yes
Legal Reference
Article 228 para 1 Criminal Code
Incriminated acts
A civil servant or a person equivalent thereto who abuses his official position or exceeds his powers, where this incurs major damage to the State, the European Union, an international public organisation, a legal or natural person.
Sanctions
A fine or an arrest or a custodial sentence (imprisonment) for a term of up to 5 years.
Article 228 para 2 Criminal Code
A person who commits the act provided for in Article 228 para 1 seeking material or another personal gain, in the absence of characteristics of bribery.
A fine or a custodial sentence (imprisonment) for a term of up to 7 years.
Article 2281 Criminal Code
A civil servant or a person equivalent thereto who, while performing the functions of a registrar in a public register, registers rights to an item.
A fine or an arrest or a custodial sentence (imprisonment) for a term of up to 5 years.
Article 229 Criminal Code
A civil servant or a person equivalent thereto who fails to perform his duties through negligence or performs them inappropriately, where this incurs major damage to the State, the European Union, an international public organisation or a legal or natural person.
A fine or an arrest or a custodial sentence (imprisonment) for a term of up to 2 years.

Conflict of Interest

1. Is conflict of interests a criminal offence?

Answer: No Please see comments
Legal Reference
Incriminated acts
Sanctions
Comments
The Conflict of Interest in Terms of the Criminal Law:
Under the legal framework of the Lithuanian criminal law, the Conflict of Interest is criminalized and is not a criminal offence. However, in some particular situations where the civil servant fails to avoid the situation of the conflict of interest, this may fall within the scope of the criminal offence of the "abuse of office" as per Article 228 para 2 Criminal Code, i.e.: "a person who commits the act provided for in paragraph 1 of this Article seeking material or another personal gain, in the absence of characteristics of bribery, shall be punished by a fine or a custodial sentence for a term of up to seven years".

The Conflict of Interest in Terms of the Administrative Law:
As much as it concerns relations of the civil service, the definition of the Conflict of Interests is provided in Article 2 para 4 of the Law on the Adjustment of Public and Private Interests in the Civil Service (hereinafter the "Law on Adjustment of Interests"): "Conflict of interest means a situation where a person in the civil service, when discharging his duties or carrying out instructions, is obliged to make a decision or participate in decision-making or carry out instructions relating to his private interests".
Following Article 3 para 1(2) of the Law on Adjustment of Interests, in order to ensure the supremacy of public interest, persons in the civil service must (including, but not limited to) "avoid conflict of interest in accordance with the procedure and measures laid down by legal acts, and act in such a way as to avoid suspicions about the existence of such a conflict".
A civil servant who infringes the said obligation commits an administrative offence stipulated in Article 533 Code of Administrative Offences. For committing such offence a civil servant may be imposed with a fine ranging from EUR 100 to EUR 300; where the offence is committed repeatedly – a fine ranging from EUR 300 to 580.

Interest of Conflict in Terms of the Responsibility of Civil Servants:
In cases where the civil servant breaches the obligation to avoid the conflict of interest, it is considered that the civil servant has committed a serious misconduct in office which may result in imposition of the most severe disciplinary sanction – dismissal from office.

Denunciacion

1. Is denunciation a cause for reduction of criminal sanctions?

Answer: Yes
Legal Reference
Article 59 para 1(2) Criminal Code
Details
Mitigating circumstance: where the offender has confessed to commission of an act provided for by a criminal law and sincerely regrets or has assisted in the detection of this act or identification of the persons who participated therein, the court shall consider it as mitigating circumstance when deciding on the imposable penalty.
Legal Reference
Article 61 para 4 Criminal Code
Details
Imposition of custodial sentence (imprisonment) not exceeding the average penalty: where the offender voluntarily confesses to commission of a crime, sincerely regrets it and actively assists in the detection of the crime as well as there are no aggravating circumstances, a court shall impose upon him a custodial sentence (imprisonment) not exceeding the average penalty provided for in the sanction of an article for the committed crime or a non-custodial sentence.
Legal Reference
Article 62 para 1 Criminal Code
Details
Imposition of a more lenient penalty: where, a person who has committed a criminal act freely and voluntarily gives himself up or reports this act, confesses to commission thereof and sincerely regrets and/or assists pre-trial investigators and a court in detecting the criminal act and has fully or partially compensated for or eliminated the incurred property damage, a court may, having considered all the circumstances of the case, impose for every criminal act a more lenient penalty than provided for by a law.

2. Is denunciation a cause of criminal impunity?

Answer: Yes
Legal Reference
Article 226 para 6 Criminal Code
Article 227 para 5 Criminal Code
Details
The denunciation may amount to a cause of impunity for offences such as Giving Bribe or Buying Influence in cases: where the perpetrator voluntarily notifies a law enforcement institution thereof within the shortest possible time, but in any case before the delivery of a notice of suspicion raised again him; also where the perpetrator promises to give or gives the bribe with the law enforcement institution being aware thereof.

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Recent Answers

Is denunciation a cause for reduction of criminal sanctions?

Answer: Yes

Is denunciation a cause of criminal impunity?

Answer: Yes

Is conflict of interests a criminal offence?

Answer: No Please see comments

Is abuse of office a criminal offence?

Answer: Yes