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OFFICIAL TRANSLATION

REPUBLIC OF LITHUANIA

LAW ON OPERATIONAL ACTIVITIES

20 June 2002  No IX-965

(As last amended on 20 May 2003 – No IX-1563)

Vilnius

CHAPTER I

GENERAL PROVISIONS

Article 1. Purpose of the Law

This Law shall regulate the legal basis for operational activities, principles and tasks of operational activities, the rights and duties of entities of operational activities, the carrying out of operational actions and operational investigation, participation of persons in operational activities, the use and disclosure of operational intelligence as well as the financing, control, and scrutiny of these activities. 

Article 2. Legal Basis of Operational Activities

Entities of operational activities shall act in compliance with the Constitution of the Republic of Lithuania, this Law and other laws, international treaties and other legal acts of the Republic of Lithuania.

Article 3. Definitions

1. “Operational activities” shall mean the overt and covert intelligence activities carried out by entities of operational activities in accordance with the procedure laid down by this Law.

2. “Targets of operational activities” shall mean the criminal acts being planned, being or having been committed, the persons committing or having committed the criminal acts, active actions of these persons in neutralising operational activities or infiltrating members of criminal structures in law enforcement, national defence or other state government and administration institutions, activities of foreign special services as well as other persons and events related to state security.

3. “Entities of operational activities” shall mean the divisions of the systems of national defence, the Interior and the customs, the State Security Department and the Special Investigation Service which have been granted special state powers and charged with the carrying out of operational activities and whose officers are granted the powers to carry them out. The Government shall compile a list of these divisions and determine the scope of operational activities thereof. The main institutions of entities of operational activities shall be: the Second Investigation Department under the Ministry of National Defence, the Financial Crime Investigation Service under the Ministry of the Interior, the Customs Department under the Ministry of Finance, the Police Department under the Ministry of the Interior, the Special Investigation Service, the VIP Protection Department under the Ministry of the Interior, the State Security Department, and the State Border Guard Service under the Ministry of the Interior.

4. “Operational intelligence” shall mean the data obtained by entities of operational activities in the course of operational actions while solving the tasks of operational activities and recorded in accordance with the procedure laid down by legal acts.

5. “Operational actions” shall mean the use of the means and methods of operational activities and the mode of conduct imitating a criminal act or controlled delivery. The basis for the carrying out of operational activities shall be the information concerning the targets of operational activities. These actions shall be carried out in the cases when it is impossible or complicated to defend personal, public or state interests by any other means.

6. “Means of operational activities” shall mean the technical means and an operational record file used in operational activities.

7. “Use of technical means in operational activities” shall mean the installation, operation or dismantling of technical means and other lawful actions related thereto. Technical means may be used in operational activities in accordance with the general and special procedure.

8. “Use of technical means in accordance with the special procedure” shall mean the use of technical means in operational activities authorised by a reasoned court ruling when monitoring or recording personal conversations, other communications or actions, where none of the participants in the conversation, other communications or actions is aware of such monitoring and it is being implemented in accordance with the procedure laid down by law by restricting the inviolability of the private life of an individual. The monitoring of the content and recording of the personal information transmitted over telecommunications networks, even if one of the persons is aware of such control, shall be subject to a reasoned court ruling, with the exception of the cases when a person requests or consents to such monitoring or recording without resorting to the services and equipment of telecommunications operators.

9. “Use of technical means in accordance with the general procedure” shall mean the use of technical means in operational activities in accordance with the procedure laid down by the main institutions of entities of operational activities in the cases not listed in paragraph 8 of this Article as well as in the cases listed in paragraph 8 of this Article, when they are used in the premises and vehicles of the entities of operational activities at the initiative of the entities in order to ensure security and immunity, with the exception of the premises used by undertakings, agencies or organisations founded in accordance with sub-paragraph 2 of paragraph 3 of Article 7 of this Law and the monitoring of telephone conversations.

10. “Operational record file” shall mean the system of managing the data obtained in the course of operational actions about persons, events or other objects, the purpose of which is to provide information to entities of operational activities.

11. “Management of the operational record file data” shall mean any action carried out with these data: collection, recording, storage, classification, grouping, connecting, changing (amending or correcting), supply, publication, use, keeping, logical and/or arithmetical operations, search, dissemination, destruction or any other action or set of actions. The operational record file data may be managed by automatic means.

12. “Methods of operational activities” shall mean the ways of obtaining operational information: operational interview, operational inspection, operational verification, operational surveillance, use of agents, and electronic reconnaissance.

13. “Operational interview” shall mean a method of operational activities where information is obtained by means of direct communication with a person holding the information. A covert operational interview shall mean a type of operational interview where the affiliation of the conductor of the interview with an entity of operational activities is encoded.

14. “Operational inspection” shall mean a method of operational activities where information is obtained overtly, in an encoded way or by covertly inspecting items, documents, premises, vehicles, location, persons and other objects.

15. “Operational verification” shall mean a method of operational activities where information is obtained by conducting a covert operational interview and encoded operational inspection.

16. “Operational surveillance” shall mean a method of operational activities where information is obtained covertly through a direct observation of an object.

17. “Use of agents” shall mean a method of operational activities where information is obtained from a person on the basis of acquired trust by employing covert participants in operational activities.

18. “Electronic reconnaissance” shall mean a method of operational activities where information is obtained through electronic technical means.

19. “Mode of conduct imitating a criminal act” shall mean the authorised actions formally having the characteristics of a criminal act or other infringement and carried out with a view to defend the individual rights and freedoms, property, public and state security as protected under law against criminal encroachment.

20. “Controlled delivery” shall mean the authorised actions allowing illicit or suspect goods and other objects to pass into, through or out of the territory of the Republic of Lithuania under the control of an entity of operational activities with a view to the detection of criminal acts and the identification of the persons preparing, committing or having committed the acts. Controlled delivery may be carried out only on the basis of international treaties or agreements.

21. “Stakeout” shall mean the totality of operational actions with a view to detain the persons who are committing or have committed a criminal act and to collect the information likely to influence the investigation of the criminal act, where information is available with respect to such persons and the time and place of the commission of the criminal act.

22. “Covert operation” shall mean the totality of operational actions with a view to detain the persons committing or having committed a criminal act and/or to collect the information likely to influence the investigation of the criminal act, where, on the basis of the information available about an attempt to commit a criminal act or a criminal act being committed, conditions are created for the attempt to commit the criminal act or the criminal act being committed to take place at the selected place and at the required time.

23. “Operational investigation” shall mean an organisational tactical form of operational activities covering operational actions, including the actions requiring a reasoned court ruling or a prosecutor’s authorisation. In carrying out an operational investigation, entities of operational activities may process operational investigation cases.

24. “Postal item” shall mean the letter-post items sent by post, direct mail and postal packages.

25. “Letter post” shall mean the letters sent by post, postcards (plain postcards), printed papers, small packets, literature for the blind and aerogrammes.

26. “Document item” shall mean any item comprising information on any kind of medium to be sent in an envelope or strong packaging and bearing a special marking.

27. “Money order” shall mean the money sent by post.

Article 4. Principles of Operational Activities

Operational activities shall be governed by the principles of lawfulness, ensuring human and citizens’ rights and freedoms, protection of the public interest, conspiracy, confidentiality and co-ordination of overt and covert measures and methods.

Article 5. Tasks of Operational Activities

The tasks of operational activities shall be:

1) crime prevention;

2) detection of criminal acts as well as identification of the persons preparing, committing or having committed the criminal acts;

3) protection of persons against criminal influence;

4) search for the individuals who are hiding from pre-trial investigation or trial as well as search for the missing persons;

5) prevention and detection of the acts posing a threat to the constitutional order of the State, independence and economic security thereof, ensuring of the defence power of the State or to other important interests of national security;

6) search for items, money, securities and other property related to the commitment of criminal acts;

7) protection of state secrets;

8) investigation of the activities of the special services of  other states;

9) ensuring the security and immunity of entities of operational activities.

Article 6. Protection of Human and Citizens’ Rights and Freedoms in Carrying out Operational Activities

1. Human and citizens’ rights and freedoms may not be violated in the course of operational activities. Specific restrictions of these rights and freedoms shall be temporary and may be applied only in accordance with the procedure laid down by law in order to defend another individual’s rights and freedoms, property and the security of the public and the State.

2. Operational activities shall be carried out irrespective of the gender, race, nationality, language, descent, social position, religion, beliefs or views of individuals.

3. It shall be prohibited to apply operational activities to the President of the Republic.

4. In carrying out operational activities, the officers of entities of operational activities must take account of the danger posed by criminal designs to an individual, the public and the State.

5. Entities of operational activities shall be prohibited from provoking persons into committing criminal acts. Provocation shall mean pressure, active enticement or instigation to commit a criminal act by restricting a person’s freedom of action, where this results in a person committing or attempting to commit a criminal act which he did not plan to commit previously.

6. In the event of violation of human and citizens’ rights and freedoms, entities of operational activities must restore the rights which have been violated and compensate for the damage in accordance with the procedure laid down by legal acts.

7. The classified information obtained in the course of operational activities as well as the data concerning a person’s personal and family life and demeaning his honour and dignity may not be transferred or disclosed, with the exception of transfer in the event of co-operation between entities of operational activities and the cases provided for in Article 17 of this Law.

8. Upon the completion of an operational investigation and where the operational information concerning the target of operational activities has not proved to be true, the information collected about the private life of a person must be destroyed within three months. The officer who has authorised operational actions shall be notified of the destruction of the mentioned information collected through authorised actions one month prior to the destruction.

9. A person who considers that the actions of entities of operational activities have violated his rights and freedoms may appeal against these actions to the head of the entity of operational activities, a prosecutor or a court.

CHAPTER II

RIGHTS AND DUTIES OF ENTITIES OF OPERATIONAL ACTIVITIES

Article 7. Rights of Entities of Operational Activities

1. Entities of operational activities shall have the right:

1) to apply the methods of operational activities;

2) to use technical means in accordance with the general procedure;

3) in carrying out operational activities, to establish relations with the persons who have become the targets of operational activities;

4) in carrying out operational activities, to resort to assistance by persons;

5) to use the services of experts in ensuring operational activities;

6) to carry out control verifications and control purchases;

7) to covertly obtain a person’s fingerprints, voice, odour and other samples in order to establish the identity of the person;

8) to prepare stakeouts and to carry out covert operations;

9) in accordance with a cover story, to use the procedural documents required in applying the use of agents to detained or arrested  persons;

10) subject to a person’s consent, to perform a polygraph test in accordance with the procedure laid down by law;

11) in accordance with the procedure laid down by law, to require the person subject to an operational investigation and/or his children, spouse, parents, grandparents, grandchildren, brothers, sisters and/or other persons related to him to prove the lawfulness of the acquisition of property and income;

12) to obtain from undertakings, agencies and organisations the information required for operational activities, with the exception of the information subject to a reasoned court ruling in accordance with law.

2. The main institutions of entities of operational activities may lay down the procedure for exercising the rights listed in paragraph 1 of this Article.

3. In accordance with the procedure laid down by the Government or the institutions authorised by it, entities of operational activities shall have the right:

1) to set up and manage an operational record file;

2) to set up the undertakings, agencies and organisations ensuring and providing favourable conditions for operational activities and to resort to assistance thereof;

3) upon obtaining the consent of an undertaking, agency or organisation, to produce and use for operational activities the registration marks and distinguishing features, documents, document blanks and particulars thereof as well as registration numbers of vehicles of the undertakings, agencies and organisations;

4) to produce and use for operational activities personal identification documents, document blanks and particulars thereof;

5) to use the special chemical substances which do not pose a danger to human health or life and are intended for the application of specific markings to various objects which allow to identify them from the totality of the same objects;

6) to acquire psychotropic or narcotic substances and precursors of category I.

4.  Entities of operational activities shall, on the basis of an operational investigation provided for in Article 9 of this Law and upon obtaining the authorisation specified in Articles 10, 11, 12 or 13 of this Law, have the right:

1) to covertly monitor postal items, document items, money orders and documents thereof;

2) to use technical means and to obtain information from telecommunications operators and providers of telecommunications services in accordance with the special procedure;

3) to covertly enter residential and non-residential premises and vehicles and to inspect them, to temporarily seize and inspect documents, seize samples of substances, raw materials and production as well as other objects for investigation without disclosing the fact of seizure thereof;

4) to use the mode of conduct imitating a criminal act;

5) to carry out controlled delivery.

Article 8. Duties of Entities of Operational Activities

1. Entities of operational activities must:

1) ensure that the entire information obtained in the course of operational activities would be used according to its purpose and in compliance with law;

2) protect the rights and lawful interests of the individual;

3) protect the rights and lawful interests of covert participants in operational activities and other persons supporting operational activities;

4) guarantee the confidentiality of covert co-operation.

2. In carrying out operational activities, entities of operational activities shall co-operate, provide support to one another and exchange operational information within the limits of their powers and according to possibilities and expediency.

3. In the cases provided for by the international treaties and agreements of the Republic of Lithuania, entities of operational activities may co-operate with the officers of foreign states in carrying out operational activities in accordance with the procedure laid down by this Law.

CHAPTER III

OPERATIONAL INVESTIGATION

Article 9. Basis of an Operational Investigation

An operational investigation shall be conducted, when:

1) characteristics of a criminal act have not been established, but information is available about a particularly serious or serious crime being prepared, being committed or having been committed or less serious crimes provided for in Article 131, paragraph 2 of Article 145, paragraphs 2 and 3 of Article 146, paragraph 1 of Article 150, paragraph 2 of Article 151, Article 162, paragraph 2 of Article 178, paragraph 1 of Article 180, paragraph 1 of Article 181, paragraph 2 of Article 187, paragraph 2 of Article 189, paragraph 2 of Article 198, paragraph 1 of Article 213, Articles 214 and 215, paragraph 2 of Article 225, paragraph 2 of Article 227, paragraph 2 of Article 228, Article 240, paragraph 1 of Article 253, paragraph 1 of Article 256, paragraph 2 of Article 300, paragraph 2 of Article 301, paragraph 2 of Article 302 and paragraphs 1 and 2 of Article 307 of the Criminal Code of the Republic of Lithuania or about a person preparing, committing or having committed a crime;

2) information is available about the activities of the special services of other states;

3) the suspect, the accused or the convicted person goes into hiding;

4) a person is reported missing;

5) protection of persons against criminal influence is being implemented;

6) protection of state secrets is being implemented;

7) information is available about the acts positing a threat to the constitutional system of the State, independence and economic security thereof, ensuring of the defence power of the State or other interests of importance to national security.

Article 10. Covert Monitoring of Postal Items, Document Items, Money Orders and Documents Thereof, Use of Technical Means in Accordance with the Special Procedure and Obtaining of Information from Telecommunications Operators and Providers of Telecommunications Services

1. The covert monitoring of postal items, document items, money orders and documents thereof and the use of technical means in accordance with the special procedure shall be authorised by the chairmen of regional courts or the chairmen of the criminal divisions of these courts subject to reasoned applications by the Prosecutor General or the Deputy Prosecutor General authorised by him or the chief prosecutors of regional prosecutor’s offices or the deputy chief prosecutors authorised by them filed on the basis of the data submitted by the heads of the entities of operational activities or their authorised deputies.

2. In urgent cases, when a danger is posed to human life, health, property, public or state security, it shall be permitted to carry out the actions specified in paragraph 1 of this Article pursuant to a decision by the prosecutors listed in paragraph 1 of this Article. In such a case, a prosecutor who has taken the decision shall, within 24 hours, submit an application for the confirmation of the lawfulness or of the grounds of the actions by a reasoned ruling to a judge indicated in paragraph 1 of this Article. If the time limit expires on a day off or a holiday, the application shall be submitted on the day following the day off or the holiday. Where the judge does not confirm the grounds of the actions by a reasoned ruling, they shall be terminated, and the information obtained in the course thereof shall be destroyed immediately.

3. A ruling reasoned by conspiracy on the carrying out of the operational actions indicated in paragraph 1 of this Article may be handed down by any regional court.

4. An application shall indicate:

1) the name, surname and position of the officer who has filed the application;

2) data on the persons (name, surname, personal identification number) subject to operational actions or description of the object;

3) data (grounds) substantiating the necessity of carrying out operational actions;

4) the number of the subscriber monitored in respect of the information transmitted over communications networks (when monitoring the information transmitted over telecommunications networks);

5) the postal items, document items, money orders and documents thereof planned to be monitored (when monitoring thereof is planned);

6) duration of the application of operational actions;

7) the result aimed at.

5. Covert monitoring of postal items, document items, money orders and documents thereof and the use of technical means in accordance with the special procedure shall be authorised for a period not exceeding 3 months. This period may be extended.

6. The extension of the time period provided for in paragraph 5 of this Article shall be authorised in accordance with the same procedure as the prescription of these actions. The number of extensions shall not be limited, however, each extension may not exceed a time period specified in paragraph 5 of this Article.

7. Upon handing down a reasoned ruling on the covert monitoring of postal items, document items, money orders and documents thereof, use of technical means in accordance with the special procedure or extension of these actions, the head of an entity of operational activities or his authorised deputy shall immediately send one copy of the ruling to the Prosecutor General or the Deputy Prosecutor General authorised by him.

8. Where a prosecutor refuses to submit an application for the authorisation of the actions specified in paragraph 1 of this Article, the head of the entity of operational activities or his authorised deputy shall have the right to refer to a superior prosecutor of those specified in paragraph 1 of this Article who has the powers to submit applications for the authorisation of these actions. The refusal by the prosecutor must be substantiated in writing. The prosecutor who has taken a decision not to submit an application for the authorisation of the mentioned actions must inform thereof the Prosecutor General or the Deputy Prosecutor General authorised by him. The decision of the superior prosecutor shall be final.

9. Where the chairman of the criminal division of a regional court hands down a reasoned ruling to refuse to authorise the actions specified in paragraph 1 of this Article, the prosecutor submitting the application may appeal against the ruling to the chairman of the regional court. The decision of the chairman of the regional court shall be final.

10. Upon the handing down of a ruling by a court and, in urgent cases, upon the taking of a decision by the prosecutor specified in paragraph 1 of this Article, an institution authorised by the Government shall notify a telecommunications operator or provider of telecommunications services of the use of technical means in its network in accordance with the special procedure indicating the application’s number, date of the handing down of the ruling and the court which has handed down the ruling or the date of the decision of the prosecutor, the prosecutor who has taken the decision as well as the duration of the application of operational actions. Responsibility for the conformity to the court ruling of the content of the notification intended for the telecommunications operator or provider of telecommunications services shall be borne by the officer submitting the notification in accordance with the procedure laid down by law. The telecommunications operator or provider of telecommunications services must provide a technical possibility to implement the monitoring of the information transmitted using telecommunications facilities.

11. The technical commands sent to the network of a telecommunications operator to start or discontinue wire tapping or other monitoring of the information transmitted over telecommunications networks shall be safekept in such a way that would prevent the data of the commands sent or received to be modified by the entity of operational activities which has sent the command or by the telecommunications operator which has received the command. An institution authorised by the Government must provide the Prosecutor General or a prosecutor authorised by him with access to the data medium which holds a record of these commands.

12. Entities of operational activities shall have the right to obtain the specific information on former telecommunications events as required for an operational investigation from telecommunications operators and providers of telecommunication services upon a reasoned ruling by a judge of a district court handed down in accordance with the reasoned applications of the heads of the entities of operational activities or their authorised deputies.

13. In order to obtain the information indicated in paragraph 12 of this Article, a notice shall be submitted to telecommunications operators or providers of telecommunications services indicating the application’s number, date of the handing down of the ruling and the court which has handed down the ruling.  Responsibility for the conformity of this notice to the court ruling shall be born by the officer submitting the notice in accordance with the procedure laid down by law.

14. The information directly related to the telephone numbers of subscribers or the terminal equipment of a network and to the affiliation of a telephone number or terminal equipment of a network shall not be subject to a court ruling. Specific information on the telecommunication events directly related to a person may also be collected upon this person’s request or consent. This information shall be provided in accordance with the requests of officers of the entities of operational activities. Where the information is requested upon a person’s request or consent, a copy of the person’s request or consent shall be submitted upon prior approval by an officer submitting the request to provide information.

Article 11. Covert Entry in Residential and Non-residential Premises and Vehicles and Inspection Thereof, Temporary Seizure and Inspection of Documents, Seizure of Samples of Substances, Raw Materials and Production and Other Objects for Investigation without Disclosing the Fact of Seizure Thereof

1. Covert entry in residential and non-residential premises and vehicles as well as inspection thereof, temporary seizure and inspection of documents, seizure of samples of substances, raw materials and production as well as other objects for investigation without disclosing the fact of seizure thereof shall be authorised by the chairmen of regional courts or the chairmen of the criminal divisions of these courts according to the reasoned applications of the Prosecutor General or the Deputy Prosecutors General authorised by him prepared on the basis of the data submitted by heads of entities of operational activities or their authorised deputies.

2. In urgent cases, when a danger is posed to human life, health, property, public or state security, it shall be permitted to carry out the actions specified in paragraph 1 of this Article subject to a decision by the prosecutors listed in paragraph 1 of this Article. In this case, a prosecutor who has taken this decision shall, within 24 hours, submit an application for the confirmation of the lawfulness or of the grounds of the actions by a reasoned ruling to a judge indicated in paragraph 1 of this Article. If the time limit expires on a day off or a holiday, the application shall be submitted on the day following the day off or the holiday. Where the judge does not confirm the grounds of the actions, they shall be terminated, and the information obtained in the course thereof shall be destroyed immediately.

3. A ruling reasoned by conspiracy on the carrying out of the operational actions indicated in paragraph 1 of this Article may be handed down by any regional court.

4. The application shall indicate:

1) the name, surname and position of the officer who has filed the application;

2) a description of the residential and non-residential premises and vehicles which will be covertly inspected, the documents, samples of substances, raw materials and production and other objects planned to be seized;

3) data (grounds) substantiating the necessity of carrying out operational actions;

4) duration of the application of operational actions;

5) the result aimed at.

5. Covert entry in residential and non-residential premises and vehicles and inspection thereof, temporary seizure of documents, samples of substances, raw materials and production and other objects shall be authorised for a period not exceeding 3 months. This period may be extended.

6. The extension of the time period provided for in paragraph 5 of this Article shall be authorised in accordance with the same procedure as the prescription of those actions. The number of extensions shall not be limited, however, each extension may not exceed a time period specified in paragraph 5 of this Article.

7. Upon handing down a reasoned ruling on covert entry in residential and non-residential premises and vehicles as well as inspection thereof, temporary seizure and inspection of documents, seizure of samples of substances, raw materials and production as well as other objects for investigation without disclosing the fact of seizure thereof or for extension of these actions, the head of an entity of operational activities or his authorised deputy shall immediately send one copy of the reasoned court ruling to the Prosecutor General or the Deputy Prosecutor General authorised by the Prosecutor General.

8. Where a prosecutor refuses to submit an application for the authorisation of the actions specified in paragraph 1 of this Article, the head of an entity of operational activities or his authorised deputy shall have the right to refer to a superior prosecutor of those specified in paragraph 1 of this Article who has the powers to submit applications for the authorisation of these actions. The refusal by the prosecutor must be substantiated in writing. The prosecutor who has taken a decision not to authorise the mentioned actions must inform thereof the Prosecutor General or the Deputy Prosecutor General authorised by him. The decision of the superior prosecutor shall be final.

9. Where the chairman of the criminal section of a regional court hands down a reasoned ruling to refuse to authorise the actions specified in paragraph 1 of this Article, the prosecutor submitting the application may appeal against the ruling to the chairman of the regional court. The decision of the chairman of the regional court shall be final.

10. It shall be prohibited to carry out the operational actions specified in this Article, where they pose a direct danger to human life and health or may give rise to other serious consequences.

Article 12. Mode of Conduct Imitating a Criminal Act

1. The Prosecutor General or a Deputy Prosecutor General authorised by him or the chief prosecutors of regional prosecutor’s offices or the deputy chief prosecutors authorised by them shall authorise the mode of conduct imitating a criminal act based on a reasoned application by the head of an entity of operational activities or his authorised deputy.

2. An application shall indicate:

1) the name, surname and position of the officer who has filed the application;

2) the data substantiating the necessity of employing the mode of conduct imitating a criminal act;

3) data about the persons to whom the mode of conduct imitating a criminal act shall be applied (if available);

4) the limits of the specific actions carried out in the course of application of the mode of conduct imitating a criminal act, in accordance with the characteristics of the criminal acts specified in the Criminal Code and the Code of Administrative Offences;

5) data about the persons who will carry out actions according to the mode of conduct imitating a criminal act;

6) the anticipated duration of the mode of conduct imitating a criminal act;

7) the result aimed at.

3. The mode of conduct imitating a criminal act as prepared by an entity of operational activities shall be authorised for a period not exceeding 6 months. This period may be extended.

4. The extension of the mode of conduct imitating a criminal act as provided for in paragraph 3 of this Article shall be authorised in accordance with the same procedure as the prescription of the mode of conduct imitating a criminal act. The number of extensions shall not be limited, however, each extension may not exceed a time period specified in paragraph 3 of this Article.

5. Upon the authorisation of the mode of conduct imitating a criminal act or an extension thereof, the head of an entity of operational activities or his authorised deputy shall immediately send one copy of the application to the Prosecutor General or the Deputy Prosecutor General authorised by him.

6. Where a prosecutor refuses to authorise the actions specified in paragraph 1 of this Article, the head of the entity of operational activities or his authorised deputy shall have the right to refer a superior prosecutor of those specified in paragraph 1 of this Article who has the powers to authorise these actions for the authorisation of the application. The refusal by the prosecutor must be substantiated in writing. The prosecutor who has taken a decision not to authorise the mentioned actions must inform thereof the Prosecutor General or the Deputy Prosecutor General authorised by him. The decision of the superior prosecutor shall be final.

7. It shall be prohibited to act according to the modes of conduct imitating a criminal act which pose a direct danger to human life and health or may give rise to other serious consequences.  Prior to initiating actions according to the mode of conduct imitating a criminal act, a person shall be acquainted against his signature with the established action limits for the mode in accordance with the procedure laid down by the main institutions of entities of operational activities.

Article 13. Controlled Delivery

1. Controlled delivery shall be authorised by the Prosecutor General or the Deputy Prosecutor General authorised by him or the chief prosecutors of regional prosecutor’s offices or the deputy chief prosecutors authorised by them subject to a reasoned application by the head of an entity of operational activities or his authorised deputy.

2. An application shall indicate:

1) the name, surname and position of the officer who has filed the application;

2) the data substantiating the necessity of controlled delivery;

3) the data concerning a natural or legal person (persons) who is suspected of delivering controlled items;

4) the names of the countries from which and to which a controlled item is being carried;

5) the anticipated duration of controlled delivery;

6) the result aimed at as well as the intermediate and final objectives of controlled delivery.

3. Upon the authorisation of controlled delivery, the head of an entity of operational activities or his authorised deputy shall immediately send one copy of the application to the Prosecutor General or Deputy Prosecutor General authorised by him.

4. Where a prosecutor refuses to authorise the actions specified in paragraph 1 of this Article, the head of an entity of operational activities or his authorised deputy shall have the right to refer to a superior prosecutor of those specified in paragraph 1 of this Article who has the powers to authorise these actions for the authorisation of the application. The refusal by the prosecutor must be substantiated in writing. The prosecutor who has taken a decision not to authorise the mentioned actions must inform thereof the Prosecutor General or the Deputy Prosecutor General authorised by him. The decision of the superior prosecutor shall be final.

5. It shall be prohibited to carry out controlled delivery, where it poses a direct danger to human life and health or may give rise to other serious consequences.

CHAPTER IV

PARTICIPATION OF PERSONS IN OPERATIONAL ACTIVITIES

Article 14. Assistance in Operational Activities by Persons

1. Operational activities shall be based on a voluntary, overt and covert assistance by persons.

2. Active and effective assistance may be remunerated.

Article 15. Covert Participants in Operational Activities

1. Covert participants in operational activities shall be the employees of entities of operational activities whose affiliation with an entity of operational activities shall be classified and the adult persons who covertly co-operate with entities of operational activities and with whom the employees of the entities of operational activities have entered into an agreement (verbally or in writing) on covert co-operation. The employees of an entity of operational activities may not enter into such an agreement with the persons who must maintain the seal of confession. The main institutions of entities of operational activities shall establish the characteristics of the agreements.

2. The employees of entities of operational activities whose affiliation with an entity of operational activities is classified may, while performing the tasks of the entities of operational activities, be employed in accordance with a cover story in other undertakings, agencies or organisations and receive remuneration or other funds in connection with the carrying out of their classified activities. The restrictions set in the Law on Civil Service and other laws or statutes with regards to employment in other undertakings, agencies or organisations and receipt of remuneration shall not apply to them.

3. The State shall protect covert participants in operational activities. The data which establish the identity of covert participants in operational activities and detailed information about the quantitative and personal composition of these participants shall comprise a state secret. In the event of a danger arising to the life, health and property of participants in operational activities or the members of their families, entities of operational activities shall, in compliance with laws and other legal acts, take the necessary measures in order to ensure the security of these persons.

4. The complaints concerning the agreements concluded on covert co-operation with persons by entities of operational activities shall be examined by the entity of operational activities with which a person has concluded such an agreement or the main institution of this entity. A complaint must be examined within thirty days of the receipt thereof.

Article 16. Drafting of Procedural Documents Used in Accordance with a Cover Story and Necessary in Applying the Use of Agents to Arrested Persons

1. The procedural documents which are used in accordance with  a cover story, are subject to a court authorisation and are necessary in applying the use of agents to arrested persons shall be authorised by the chairmen of district courts or their authorised deputies upon the reasoned applications agreed with the chief prosecutors of district prosecutors’ offices or deputy chief prosecutors.

2. The main institutions of entities of operational activities shall determine the form of the applications provided for in paragraph 1 of this Article.

CHAPTER V

USE OF CLASSIFIED OPERATIONAL AND OTHER CLASSIFIED INFORMATION IN NON-OPERATIONAL ACTIVITIES AND LIABILITY FOR VIOLATIONS OF REQUIREMENTS OF THIS LAW

Article 17. Use of Classified Operational and Other Classified Information in Non-operational Activities and Disclosure of Such Information

1. Classified operational information may, in accordance with the procedure laid down by law, be declassified and used in criminal proceedings. Where such information is used in criminal proceedings, a record must be drawn up in respect of the carrying out of operational actions. The record shall indicate:

1) the place and time of drawing up the record;

2) the position, name and surname of the officer who has drawn up the record;

3) names of the operational actions carried out;

4) the data available about the persons subject to the operational actions or description of the object;

5) the result aimed at;

6) the content of the information recorded in the course of the operational actions;

7) the technical specifications of the technical means used specifying the place, time and content of the event recorded (in the event of use of technical means);

8) accessories, audio and visual tapes, compact discs or other electronic information-bearing media or other material objects wherein the information of importance to the investigation and examination of a criminal act has been recorded by graphical or other means.

2. Classified operational information may be used for other purposes in the cases determined by law.

3. The procedure for furnishing classified operational information to state institutions and officials shall be laid down by the Government.

4. Information on the data establishing the identity of covert participants in operational activities, co-operation or employment of the covert participants in the system of entities of operational activities as well as other classified information may be disclosed and used in criminal proceedings and in other cases established by law only in accordance with the procedure laid down by the Law on State Secrets and Official Secrets.

Article 18. Liability for Violation of the Requirements of This Law

1. The persons in breach of the provisions of this Law shall be held liable under law.

2. A person who has carried out the operational actions provided for in this Law shall be exempt from legal liability, unless he has exceeded the limits of the actions authorised in accordance with the established procedure.

CHAPTER VI

FINANCING OF OPERATIONAL ACTIVITIES

Article 19. Financing of Operational Activities

1. Operational activities shall be funded from the state budget according to the estimates of state institutions. The principles of and procedure for spending the funds allocated to operational activities shall be laid down by the main institutions of entities of operational activities. Operational activities may also be financed from other sources in accordance with the procedure laid down by the Government or institutions authorised by it.

2. The funds obtained in the course of operational activities shall be accounted as non-budgetary funds and may be used to finance these activities in accordance with the procedure laid down by the Government or an institution authorised by it.

3. The Auditor General or, on his assignment, the officers of the National Audit Office especially authorised for this purpose as well as the officers authorised by the internal audit services of entities of operational activities shall control the use of funds by the entities of operational activities.

4. The National Audit Office shall inform the Seimas commission provided for in paragraph 1 of Article 23 of the results of verification of the use of funds by entities of operational activities.

CHAPTER VII

CONTROL, CO-ORDINATION AND SCRUTINY OF OPERATIONAL ACTIVITIES

Article 20. Internal Control

1. The internal control of operational activities shall be organised by the heads of entities of operational activities and by the heads of the main institutions of the entities of operational activities.

2. Covert participants in operational activities as well as the information concerning them, operational investigation files and tactics of operational actions shall be the object of internal control of entities of operational activities.

3. The Minister of Finance, Minister of National Defence and Minister of the Interior shall, within the limits of their powers, co-ordinate and scrutinise the activities of the main institutions of entities of operational activities subordinate to them.

Article 21. Co-ordination of Operational Actions and Control of Lawfulness

The Prosecutor General and the Deputy Prosecutor General authorised by him, chief prosecutors of regional prosecutor’s offices and the deputy chief prosecutors authorised by them shall co-ordinate the operational actions of entities of operational activities and control the lawfulness thereof when preparing the reasoned applications provided for in Articles 10 and 11 of this Law, authorising or refusing to authorise the actions specified in Articles 12 and 13 of this Law, obtaining the information concerning the course and results of the actions specified in  Articles 10, 11, 12, and 13, and examining persons’ complaints in respect of the actions of entities of operational activities.

Article 22. Government Control

1. The Government shall exercise control over operational activities in accordance with the limits of powers established by the Constitution and laws of the Republic of Lithuania.

2. The Government shall co-ordinate the activities of entities of operational activities and the main institutions thereof with a view to ensuring their co-operation and pooling their efforts to efficiently solve, within the limits of their powers, the topical problems of crime and state security.

Article 23. Parliamentary Scrutiny

1. A Commission for Parliamentary Scrutiny of Intelligence Operations (hereinafter referred to as “the Commission”) shall be formed by a Seimas decision in accordance with the procedure laid down by the Statute of the Seimas by maintaining the principle of proportional representation of the Seimas parliamentary groups. This Commission shall consist of 7 members and shall be a standing commission.

2. The tasks of the Commission shall be:

1) to control the protection of constitutional rights and freedoms in the course of operational activities;

2) to scrutinise whether the activities of entities of operational activities are in conformity with the Constitution and laws of the Republic of Lithuania and to analyse the efficiency and rationality of the use of financial resources by the entities of operational activities;

3) to submit proposals to the Seimas, the Government and other institutions with respect to the adoption and improvement of the legal acts regulating operational activities;

4) to analyse the status of the regulatory enactments regulating operational activities as well as to determine whether these acts are in conformity with the requirements of the laws;

5) to investigate the cases of a gross violation of the Law on Operational Activities and exceeding the limits of activities established by entities of operational activities and to analyse the grounds and expediency of operational activities.

3. The Commission shall have the right:

1) to hear the information and reports of entities of operational activities, the main institutions thereof, prosecutors, ministries and other state institutions regarding the implementation of the Law on Operational Activities;

2) in its work, to engage the professional experts authorised to acquaint themselves with the information comprising a state secret;

3) to request and obtain from state and municipal institutions, organisations, entities of operational activities, telecommunications operators and providers of telecommunications services the documents, clarifications and other information necessary for the exercise of control;

4) to invite to sittings officials and other persons, hear them and require the officials to submit verbal or written clarifications in respect of nonfeasance or violation of the requirements of this Law as well as other legal acts.

4. Duties of the members of the Commission and the persons engaged by the Commission shall be:

1) to maintain the secrecy of the data or information which they have obtained in the course of an investigation, where such data or information comprise a state, official, commercial or other secret which is protected by law;

2) to avoid a conflict of interest and not to make use of the data or information obtained in the course of performance of these duties for personal or other persons’ benefit;

3) not to reveal the information related to an on-going investigation and available material until the Commission completes the investigation.

5. The Commission may take the following decisions:

1) to bring to the attention of officials and other civil servants a failure to comply with laws and other violations and to require the elimination of identified shortcomings;

2) to hand over the material of an investigation to law enforcement institutions as well as to request that an official verification be carried out and the issue of liability be resolved, to propose the imposition of disciplinary penalties to officials for misfeasance of their duties or to suspend the activities thereof until a decision is taken on the results of the investigation.

6. The Commission shall be prohibited from familiarising with the data which establish the identity of covert participants in operational activities and with the particulars concerning the quantitative and personal composition of these participants, operational investigation files and tactics of the carrying out of operational activities.

CHAPTER VIII

FINAL PROVISIONS

Article 24. Repealed on 24 December 2002.

Article 25. Repealed on 14 May 2003.

Article 26. Proposals to the Government

1. To propose to the Government to review, by 1 October 2002, the laws and other legal acts currently in force and related to the provisions of this Law and, where necessary, adopt appropriate amendments thereof or draft new legal acts.

2. To propose to the Government to draft a Law Amending the Law on Operational Activities in view of the entry into force of the new versions of the Criminal Code and Code of Criminal Procedure.

Article 27. Repealed Legislation

Upon the entry into force of this Law, the following laws shall be repealed:

1) Republic of Lithuania Law on Operational Activities (Official Gazette, 1997, No. 50-1190);

2) Law Amending Articles 3, 5 and 16 of the Republic of Lithuania Law on Operational Activities (Official Gazette, 1999, No. 66-2119); 50-1604).

3) Law Amending Article 4 of the Republic of Lithuania Law on Operational Activities (Official Gazette, 2000, No. 28-762); 28-762);

4) Law Amending and Supplementing Articles 3, 5 and 16 of the Republic of Lithuania Law on Operational Activities (Official Gazette, 2000, No. 41-1168); 41-1168);

5) Law Amending Article 4 of the Republic of Lithuania Law on Operational Activities (Official Gazette, 2000, No. 111-3572). 111-3572).

I promulgate this Law passed by the Seimas of the Republic of Lithuania.

President of the republic

VALDAS ADAMKUS