1. Stopped By The Police On The Street, Now What?
Can the police arrest you for refusing to answer questions?
What to do if you are arrested by the police
Do the police always have to tell the truth?
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What should you have in mind when stopped by the police? When stopped by a police officer, you have to follow their lawful demands and requests. You must do so immediately. Law on Police, Article 21 A police officer may use force if, among other things: there is a threat to a police officer or to other persons; you do not follow their instructions; or you resist when being arrested. A police officer can only use force to the extent necessary in the circumstances. Law on Police, Article 27(1) and (3) Can the police arrest you for refusing to answer questions? Everyone must follow the lawful demands or requests of a police officer. While only refusing to answer questions might not be a sufficient ground for a detention or an arrest, there may be another reason for the police to decide to detain or arrest you. Law on Police, Article 21 Code of Criminal Procedure, Article 21(4) It is important to remember that if you are detained or arrested under suspicion of committing a crime (in other words, you are a suspect), you have a right to remain silent and you do not have to give the police self-incriminating answers or evidence (evidence that would work against you). Code of Criminal Procedure, Article 82(2) If there are witnesses, they have a right to refuse to answer police questions that would incriminate (give away) their family members or close relatives. Code of Criminal Procedure, Article 21(4) What rights do you have if you are arrested? As a suspect, you have a number of rights such as:
Code of Criminal Procedure, Article 51 Additionally, you have a right to remain silent and/or refuse to give testimony (evidence) about a criminal offence, receive information about the criminal proceedings, receive interpretation and translation assistance (if required), have consular offices informed of your arrest (if applicable), or even file a complaint about the actions of a police officer. Code of Criminal Procedure, Article 218 You have a right to a lawyer from the moment of your detention or first questioning. You can hire a lawyer yourself or one will be found for you free of charge. Code of Criminal Procedure, Article 188(5) The prosecutor has to contact your family or your legal representatives, unless there are exceptional circumstances. You also have a right to contact your family members, close relatives or any other person you choose. You have a right to request that a psychologist and/or a representative of the state institution for the protection of the rights of the child are with during any of your interrogations (interviews). Law on Police, Article 21(3) Do the police always have to tell the truth? A police officer must identify himself or herself while performing official duties. If a police officer does not have a police insignia, or upon a request, the officer must present their badge (credentials). All persons must immediately obey and carry out lawful demands of a police officer. Law on Police, Article 21(3) When investigating crimes, police officers may conduct an investigation without revealing their identity. These officers may also carry out acts simulating a criminal act. However, such activities can only be conducted strictly in accordance with procedure laid down in criminal laws and regulations. Other Sources European Commission, Defendants criminal proceedings - Lithuania What if the officers do not identify themselves? Again, police officers have an obligation to identify themselves. Code of Criminal Procedure, Article 82(2) What if an officer just begins speaking to me but does not order me to do anything? You should stay calm and follow their lawful demands and requests. Remember that you have a right not to answer a police officer's questions if your answers will incriminate (give away) yourself, your family, or your close relatives. Law on Police, Article 21(3) What if the officer is not in a uniform or identified as an officer but I think it is one? If a police officer does not wear a uniform or does not have other identifying signs, or if you request, the police officer has an obligation to show their police badge (credentials). |
2. When Can Police Search You and Your Surroundings?
- Police can search you without a warrant (an order that gives permission) during your arrest or detainment, or if you are in a place being searched by the police and they suspect you are hiding objects relevant to a criminal investigation.
- Police can search you with a warrant if they suspect that you possess objects that are relevant to a criminal investigation.
- You can only be searched by someone of the same sex as you.
- Police have the right to check personal documents if they suspect you have violated the law or you may violate the law.
- Police can search your house without a warrant, but only if they suspect a crime is being committed - in all other cases they will need a warrant and an adult to be in the house with you while they search.
- Police can ask the court to issue a warrant to monitor your emails, phone calls, texts etc. without your knowledge.
- A warrant is a court order so you have no choice but to consent. Police however must act within the limits of the warrant.
Searches of your person
The police may search you without a court order during your arrest or detainment, or if you are in a place where a search is being carried out, and the police have sufficient grounds to believe that you are concealing objects of relevance to their investigation. Code of Criminal Procedure, Article 146(2)
The police can search you with a court order (warrant) if they have reason to believe that you possess objects that are relevant to a criminal investigation. Code of Criminal Procedure, Article 146(1)
A police officer has a right to check your personal documents and other belongings if they suspect that you have committed a crime or if they suspect that a crime might be committed. They may retain them until further decision is made. Law on Police, Articles 18(1)(1) and 23(5)
Once you are detained, you are not allowed to speak to other individuals also being held for criminal purposes, or use any means of communication (e.g. a phone), without permission from a police officer. Law on Police, Article 18(3) and 19(2)
Searches of your home
A police officer has a right to enter your home or your vehicle at any time of day for the following purposes: to ensure public order; in pursuit of criminal suspects; to save a life, health or property; or to prevent a criminal act. If you resist this, a police officer has a right to use force to open your home or your vehicle. Code of Criminal Procedure, Article 145(1)
The police may search your home with a court order if they have reason to believe that there are objects that are relevant to a criminal investigation. A pre-trial investigation officer or a prosecutor will carry out a search in order to discover or seize these items. Code of Criminal Procedure, Article 145(4)
A search of your home can only be carried out with the owner, lessee, user or specially appointed person (witness) present. That person must be an adult. Code of Criminal Procedure, Article 154
The police may not monitor your emails, phone calls or texts under a search warrant. They must obtain a separate warrant for that. However, the police may seize and inspect your computer or phone during a search. Code of Criminal Procedure, Articles 205 and 207
What if they want to search my phone?
The police may seize your computer and phone. These may be inspected by a prosecutor, a pre-trial investigation officer or a specialist at a later stage. If necessary, the inspection can occur in a police laboratory.
Do I have to give them my phone's password if they demand it from me if I am not being arrested? What if they just ask for it?
You are not obliged to provide your phone’s passwords and other access credentials. Code of Criminal Procedure, Article 154
What tools can police use to search me? What technology?
The police may ask the court to issue a warrant to monitor your calls, texts, emails and other communications without your knowledge. The law sets certain limits on such monitoring (e.g. on its duration, on your communications with your lawyer, etc.).
Other Sources
U.S. Department of State, 2018 Country Reports on Human Rights Practices: Lithuania
3. Reasons Police may detain or arrest you
- The police may detain or arrest you because they suspect you of committing (or suspect you have committed) a violation of the law, or if they suspect that you currently have evidence of a crime.
- Sometimes police have a warrant for an arrest. You should be clear on what kind of warrant is being presented to you if that is the case.
- It is a good idea to review any paper from police (arrest warrant) carefully, to ensure you understand what exactly is covered.
- If arrested, you may be charged with a felony for a more serious crime (with potential jail time of one year or more), a misdemeanor for a less serious crime (with jail time of less than one year) or a violation.
- If the police detain or arrest you, they also have the right to search you. Anything found during this search may be used as evidence against you.
In what circumstances can the police detain or arrest me?
The police must have a reason to hold or arrest you. The police may detain or arrest you for two reasons: Constitution of the Republic of Lithuania, Article 20
- temporary detention; or
- pre-trial arrest.
What is temporary detention?
Temporary detention is where the police take you into police custody because they have caught you committing a crime or just after the crime was committed. Code of Criminal Procedure, Article 140(1)
Temporary detention may also occur if both of the following conditions are met:
- there are grounds for your arrest (see below) but it is not possible to immediately apply to the court for your arrest; and
- it is necessary to restrict your freedom in order to ensure your participation in the investigation, smooth conduct of the investigation, or to prevent further criminal offences.
Code of Criminal Procedure, Article 140(2)
How long can I be held in temporary detention?
The police may hold you in temporary detention for no longer than 48 hours from your detention. After the 48 hours period you must be either released or taken to a judge to determine if there are grounds for your arrest. Constitution of the Republic of Lithuania, Article 20; Code of Criminal Procedure, Article 140(4)
What should happen during temporary detention?
During the temporary detention, the police will identify you and will carry out any other necessary procedural steps. For example, a person temporarily detained will be delivered to a pre-trial investigation institution or Prosecutor’s Office to be interrogated as a suspect. A notification on detention is made and the prosecutor must inform one of the family members or close relatives indicated by the person detained about the arrest of the suspect. Code of Criminal Procedure, Article 140(4)
A police officer must draw a temporary detention protocol immediately after your detention, but not later than one hour after you are brought to a police station. The protocol will be given for you to sign and will contain the following information: your personal data and your status in the proceedings; allegations, grounds and motives for the detention, etc. Code of Criminal Procedure, Article 140(5)
Unless you are released, the police must question you as a suspect at least 24 hours after you are brought to a police station. You must be informed about your rights before the questioning takes place, including the right to a lawyer. Code of Criminal Procedure, Article 140(6)
What is pre-trial arrest?
Pre-trial arrest may only be imposed when the police must hold a person in custody for more than 48 hours, and only when the alleged crime would carry a prison sentence longer than one year. Code of Criminal Procedure, Article 122(8)
A court must approve any pre-trial arrest by issuing an arrest warrant. The police must reasonably believe the person will:
- pose a flight risk
- obstruct the investigation; or
- commit new serious crimes.
Code of Criminal Procedure, Article 122(1)-(4)
How long can I be held in pre-trial arrest for?
The initial term of a pre-trial arrest cannot be longer than three months (or two months for minors). Minors are any individuals under the age of 18. The term (duration) of a pre-trial arrest may be further extended by a court. Code of Criminal Procedure, Article 127(1)
Code of Criminal Procedure, Article 127(2)
The maximum term of a pre-trial arrest is nine months (or six months for those under 18). In cases involving serious or grave crimes (crimes against humanity), the maximum term of a pre-trial arrest is 18 months (or 12 months for those under 18 years). Code of Criminal Procedure, Article 127(9)
Once the case goes to trial, the extension of the term of the arrest is decided by the court hearing the case. At that time, the court is not bound by the maximum terms indicated above. Code of Criminal Procedure, Article 140(9)
The duration of a temporary detention is calculated into the term of a pre-trial arrest. Code of Criminal Procedure, Article 27-1(1)-(2)
Are there any special rules for children (minors)?
A minor is someone who is younger than 18 years old. If there are doubts whether a person is a minor or an adult, they must be treated as a minor. Law on Fundamentals of Protection of the Rights of the Child, Article 54(1)
A minor must only be temporarily detained and arrested, or subject to any other precautionary measures, in exceptional circumstances and for as brief time as possible. Code of Criminal Procedure, Articles 128(1) and 140(7) -
The minor's parents, guardians or other legal representatives must be immediately informed of the minor's temporary detention or pre-trial arrest. The minor should also be given a possibility to contact one of their parents, relatives or other indicated person directly. The prosecutor can only refuse to allow this in exceptional circumstances; in such cases, the prosecutor must inform the representatives of the child rights protection authority about the minor’s detention or pre-trial arrest.
U.S. Embassy in Lithuania, Arrest Procedures in Lithuania
4. Do Police need a warrant to arrest you?
- No. Police officers can detain you for up to 48 hours without a warrant in several circumstances:
- When you are caught committing a crime; or
- When you are caught just after the crime was committed; or
- When there are reasons for your arrest, but there is no possibility to immediately apply for a warrant for your arrest.
You can be temporarily detained (for up to 48 hours) without a warrant for the reasons set out above (e.g., if they have caught you committing a crime or just after the crime was committed). Otherwise, you cannot be arrested without a warrant. Code of Criminal Procedure, Article 140(1)-(2)
5. How do you know if you are under arrest?
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A police officer must immediately inform you if you are temporarily detained or arrested. They must also provide the reason for your detention or arrest. This will usually be done verbally. You may ask a police officer to let you know whether you are detained or arrested and for what reason. Code of Criminal Procedure, Article 44(2) If I am under arrest, will the police inform me of my rights? If you are temporary detained, a police officer must inform you about your rights. This will usually be done verbally. A police officer must also draw a temporary detention protocol immediately after your detention, but not later than one hour after you are brought to a police station. Code of Criminal Procedure, Article 21(4) The police must inform you in writing of your rights before you are first questioned. The police must hand you the protocol on explanation of rights (which contains a list of your rights) in writing before you are interviewed. Code of Criminal Procedure, Article 188(3) Should I be informed of the allegations / charges against me? Yes, you must be informed in writing of the allegations against you before you are first questioned. The notice about suspicion or the decision to declare you as a suspect must be handed to you in writing before you are interviewed. Code of Criminal Procedure, Article 187(1) The police must question you no more than 24 hours after you are brought to a police station and always before your arrest (to the extent possible). Code of Criminal Procedure, Articles 140(6) and 188(2) You will also be informed in writing of the allegations against you in the temporary detention protocol and/or arrest warrant issued by the court. Code of Criminal Procedure, Articles 140(6) and 188(2) Will I have to stay in prison until my trial starts? Not necessarily – the court will decide whether there are grounds for your arrest or not. The court may decide to apply other less severe precautionary measures, e.g. house arrest, prohibition to leave the country, confiscation of documents (such as your passport), etc. Code of Criminal Procedure, Article 122 Other Sources Fair Trials International Guidance - December 2014 British Embassy Vilnius - Information Pack for British Prisoners in Lithuania, pages 12-13 |
6. What to do after being warned of your rights?
- You can use your right to remain silent or any of your other rights (e.g., the right to a lawyer) by saying that you want to use that right.
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You are also able to waive your rights (that is, not use them) by, for example, saying 'Yes, I understand my rights, but I am ready to talk to you.' However, this is not a good idea without a lawyer present.
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Make sure you know what you're doing in giving up your rights.
What are my rights?
Suspects have extensive rights, including to:
- have a lawyer present from the moment of their detention or first questioning;
- remain silent and/or refuse to give testimony (evidence) about a criminal offence which they may have committed;
- have one person informed of their detention or arrest (e.g. the parent of a minor);
- receive information about the criminal proceedings, including what they are suspected of;
- get urgent medical assistance;
- know the maximum term that their freedom may be restricted before the case is brought before a judge;
- receive interpretation and translation assistance (if required);
- have consular offices informed of their arrest (if applicable); and
- file a complaint about the actions of a police officer.
Code of Criminal Procedure, Article 21(4)
If you are suspected or accused of committing a criminal offence, you must be provided with details of the nature and cause of the allegation or charge against you promptly and thoroughly, in a language you understand. You will receive the free assistance of an interpreter if you do not understand or speak Lithuanian. Code of Criminal Procedure, Article 44(7)
You must be handed a notice of suspicion or the decision to declare you as a suspect prior to being questioned as a suspect for the first time. This notice must contain the allegations (what they believe you did) and the protocol on explanation of rights (which must contain a list of the suspect's rights). Code of Criminal Procedure, Articles 187(1) and 188(3)
Will my rights be explained to me?
Yes. The authorities are required to explain these rights to a suspect and ensure that they can exercise them. Code of Criminal Procedure, Article 45
Can I waive my rights?
You can waive your rights. For example, you can decide not to remain silent and instead to give testimony (evidence) about a crime that you may have committed. However, you should think carefully and take legal advice before taking such a step. If you choose not to have a lawyer, you can still change your mind at any time during the proceedings. If you are a minor (under the age of 18), in certain circumstances (e.g. in case you are suspected of a serious or grave crime), your choice not to have a lawyer may be ignored. Code of Criminal Procedure, Article 52
7. Police questioning you
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Do I need to answer the police’s questions?
You do not need to give evidence in a case against you, and the authorities should explain that you have the right to remain silent and/or refuse to testify and provide evidence about a criminal offence that you may have committed before questioning takes place. Code of Criminal Procedure, Article 188(3)
Can anyone else attend the interview (questioning) with me?
If you are a suspect, you have the right to a lawyer who can attend interviews with you. If you cannot afford a lawyer, a lawyer can be paid for through legal aid. Code of Criminal Procedure, Articles 21(4) and 44(8)
If you are a minor, your legal representatives (parents, guardians etc.) may also participate in the proceedings together with you. If there is no legal representative available, one may be appointed to you. A legal representative has a right to accompany you in any part of the criminal proceedings and to take part in them, as well as to assist you in exercising your rights. Code of Criminal Procedure, Articles 53 and 54
If you are a minor, you, your lawyer or your legal representative has a right to request that a psychologist and a representative of the state institution for the protection of the rights of the child attend the interview, to monitor that your rights are being protected. Code of Criminal Procedure, Article 188(5)
Will the interview (questioning) be recorded?
A record of your interview must be drawn up. Your testimony should be recorded in the first person narrative ("I") and as literally as possible. If applicable, the questions asked and your responses will be indicated in the transcript. Code of Criminal Procedure, Article 188(4)
If you exercise your right to remain silent and/or refuse to give testimony (evidence) about a criminal offence you may have committed, this will be noted in the transcript (note that you have the right to remain silent and to refuse to give testimony or evidence).
If you are a minor and if you are detained (held by an office with no opportunity to leave) or arrested, in addition to the transcript, an audio and video recording of the interview must be made. Code of Criminal Procedure, Article 188(5)
You have the right to make an application to access the transcript and all other data relating to the investigation, aside from personal data relating to the participants. Such request may be refused in certain circumstances (e.g. where access could jeopardise the success of the investigation). Code of Criminal Procedure, Article 181
Will anyone be notified if I am detained or arrested?
If you are detained or arrested, the prosecutor involved must immediately inform a family member, a close relative, or another person that you specify. If you do not indicate anyone, the prosecutor will inform any family member or any close relative at its own discretion. You should also be given an opportunity to contact one person directly. Code of Criminal Procedure, Article 128(1)
The prosecutor may decide not to inform anyone and not to allow you to contact anyone if this could have a negative effect on the success of the investigation or if this could endanger the safety of your family members, your close relatives or any other persons. Such decision may be temporary only and is subject to an appeal.
If you are a minor and if the prosecutor cannot contact your family member, your close relative or any other person chosen by you, or if the prosecutor is unable to reach your parents or your legal representatives, the prosecutor must immediately inform the state institution for the protection of the rights of the child.
Are there any other additional measures for minors?
After a minor is questioned for the first time as a suspect, the investigation officer or the prosecutor must immediately apply to the state child protection institution for the individual assessment of the minor. Code of Criminal Procedure, Article 189(1)
The results of the assessment must be taken into account during the investigation and during the trial, e.g. when selecting the precautionary measures to be applied against the minor (e.g. continued arrest), when selecting the punishment for the minor’s criminal offence, etc.
Even if a minor is deprived of their freedom, their other rights must not be restricted. A minor has the right to maintain ties with their parents (legal representatives), other family members, relatives and those close to them, through correspondence and encounters with them, except in extraordinary instances when this may exert a detrimental influence on the minor. Law on Fundamentals of Protection of the Rights of the Child, Article 54(5)
8. Reporting crimes to the Police
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Am I obliged to report a crime I have witnessed? There are certain requirements to report serious crimes committed by others. If (without a valid reason) you fail to report a grave (serious) crime that you are aware of to a law enforcement agency or court, either in progress or already committed, you could be punished with community service, a fine, arrest, or an imprisonment of up to one year. Criminal Code, Article 238 This does not apply if the crime is committed by your family member or close relative. As a witness, you may refuse to provide testimony or evidence against your family or close relative. Your family or close relative has the same right. Code of Criminal Procedure, Article 82(2) Can I be compelled to appear as a witness? You cannot be called as a witness to give evidence on a crime you may have committed, unless you agree to do so. You cannot be punished for not giving testimony or evidence about the crime you may have committed. Code of Criminal Procedure, Articles 80(1) and 82(3) However, subject to specific exceptions, any other person who may be aware of any circumstances relevant to the resolution of the case can be called as a witness by way of summons. As a witness, you are required to appear before a pre-trial investigation officer, prosecutor, or court and to give correct testimony about what you know about the case. Code of Criminal Procedure, Articles 78 and 83(1) Failure to appear as a witness without a good reason can result in punishment, including a fine or imprisonment of up to one month. Code of Criminal Procedure, Articles 83(2)-(3) and 163 If you give a false testimony as a witness, you might be held responsible for punishment (see below). This rule does not apply if you are questioned about crimes you may have committed. Code of Criminal Procedure, Articles 82(3) and 83(4) What are the consequences of lying to the police? Falsely accusing someone of a crime or submitting a false statement could be punished with community service, a fine, a restriction of freedom, an arrest, or imprisonment of up to two years. Criminal Code, Articles 235(1) and 236(1) Falsely accusing a person of committing a grave or serious crime (i.e. a crime that carries a maximum custodial sentence of three years or more) may result in a fine, a restriction of freedom, an arrest, or an imprisonment of up to five years. Criminal Code, Article 235(3)
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9. Responding to bad treatment by the Police
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Can the police use violence against me? Police officers have the right to use coercion (persuasion through threats or force) only in cases of official necessity and only to the extent necessary for the performance of their official duties. Law on Police, Article 27(1) Code of Ethics of Police Employees, Article 6 The use of violence, threats, degrading (embarrassing) treatment or damage to health is not allowed in the conduct of investigations under the Criminal Code. Code of Criminal Procedure, Article 11(2) Can I complain against the actions of the police? You have the right to complain against any action or decision of the pre-trial investigation officer (e.g. a police officer) at any stage of proceedings. You may submit a complaint directly to the pre-trial investigation officer (who has an obligation to pass it to the prosecutor) or the prosecutor overseeing the case directly. Code of Criminal Procedure, Article 62(1)-(3) Complaints can be both written or verbal. In case of verbal complaints, the pre-trial investigation officer or prosecutor shall draw up minutes which you (and the pre-trial investigation officer or prosecutor who received the complaint) will need to sign. It is a good idea to talk with your lawyer, an adult or any other representative you may have in the process and prior to making a complaint. Code of Criminal Procedure, Article 62(2) You also have a right to complain against any action or decision of the prosecutor to a senior prosecutor. If the senior prosecutor does not uphold your complaint, you may file your complaint to the pre-trial judge. Code of Criminal Procedure, Article 63(1) If the complaint is upheld, the ruling or order will set out the violations committed by the pre-trial investigation officer or the prosecutor and propose that they be remedied. If the complaint is rejected, the reasons for which the complaint was rejected will be set out in the ruling or order. Code of Criminal Procedure, Article 64(2) The pre-trial judge may convene a hearing to hear the complaint, which you, your legal representative, your lawyer and the prosecutor shall be summoned to. The decision of the prosecutor or pre-trial judge on the complaint shall be notified to the person who submitted the complaint (i.e. to you or your lawyer or legal representative). Code of Criminal Procedure, Article 64(4) You also have a right to submit verbal or written complaints against actions of police officers for violations of the Code of Ethics of Police Employees. Regulations of the Police Employees’ Ethics Commissions, Paragraph 8 |
10. How do I contact an attorney and when?
- You should always contact and consult a lawyer before making any statements to anyone in a criminal case or investigation.
- This applies even if you are told that (i) police officers only want to question you and (or) (ii) you are only a witness.
- You do have to wait until you attend a court to get a lawyer appointed if you cannot afford your own lawyer.
- You should ask for a lawyer as soon as you are questioned by the police. If you are detained or arrested, you have the right to remain silent and to not speak until your lawyer is present.
Do I have the right to a lawyer and when should I contact them?
Yes. You have the right to access a lawyer from the moment of your detention or your first questioning (interrogation or interview). The involvement of a lawyer is necessary in proceedings concerning acts of which a minor is suspected or accused. Code of Criminal Procedure, Articles 10(1), 50(1) and (4), 51(1) and 82(3)
You should contact your lawyer, or request a lawyer, if police detain you, arrest you, or even if they ask you to the station for questioning or if you are only a witness.
You should be given the opportunity to meet with your lawyer before the first questioning (interrogation or interview). This applies even if you are requesting the presence of a lawyer under state guaranteed legal aid.
What if I cannot afford a lawyer?
If you are suspected or accused of committing a criminal offence, you may defend yourself through the choice of a lawyer or, if you cannot afford a lawyer, you have the right to free legal aid. If you have not found a lawyer yourself, the investigating officer or prosecutor will automatically appoint a lawyer who provides state guaranteed legal aid. You do not get to choose which specific lawyer represents you on legal aid, but your preference for a specific lawyer may be taken into consideration by the legal aid office. Code of Criminal Procedure, Articles 21(4) 44(8) and 50
Do I have to talk to the police or can I remain silent during interrogation?
You have the right to remain silent and/or refuse to testify or to provide evidence about a criminal act you may have committed. You should be informed that you have this right before questioning (interrogation or interview) takes place. However, you should seek advice from your lawyer before deciding whether or not to exercise this right. Code of Criminal Procedure, Articles 21(4) and 188(3)
What if I am only a witness?
A witness or victim who is a minor should be questioned in premises adapted for the examination of children and, as a general rule, not more than once. A video and audio recording must be made of your interview. Code of Criminal Procedure, Article 186(2)-(3)
If you are a minor, you, your lawyer or your legal representative has a right to request that a psychologist and a representative of the state institution for the protection of the rights of the child (the latter may not be present in the interview room) attend the interview, to monitor that your rights are being protected.
11. Do Police always have to tell the truth?
- No. The police may lie to you during the course of an investigation, including lying about the strength of the case they have against you and particular evidence they have in their possession.
- Sometimes police will lie to try and get you to talk more, also in some cases they may conduct an investigation without revealing their identity.
Do the police always have to tell the truth?
A police officer must identify themselves while performing official duties. If a police officer does not have a police insignia, or upon a request, the officer must present their badge (credentials). All persons must immediately obey and carry out lawful demands of a police officer. Law on Police, Articles 21 and 25(3)
When investigating crimes, police officers may conduct an investigation without revealing their identity. These officers may also carry out acts simulating a criminal act. However, such activities can only be conducted strictly in accordance with procedure laid down in criminal laws and regulations. Code of Criminal Procedure, Articles 158 and 159
The actions of police officers who do not reveal their identity must be sanctioned (approved) by a pre-trial judge and only if there is sufficient data about the crime of the person under investigation. When investigating crimes without revealing their identities, police officers are prohibited from provoking a person to commit a criminal act.
You have certain rights that include being informed in writing of the allegations against you before you are questioned. However, while you have certain rights, the police may not always tell you the truth or the full truth or they may withhold information.
For example, you (including your legal representative or your lawyer) are entitled to make requests to have access to the evidence against you at any stage of the investigations. However, the request may be refused in full or in part if the authority believes it may interfere with the investigation. A prosecutor must provide a reasoned ruling as to why the request is refused. The decision may be appealed to the pre-trial judge. Code of Criminal Procedure, Article 181(1)
12. How do I make a compliant if I have questions or feel my rights have been violated?
- If you feel that your rights have been violated, you have a right submit verbal or written complaints against any action or decision of law enforcement officers violating your rights.
What if I feel I was a victim of discrimination or racism?
- If you feel that you have been a victim of discrimination or racism, you have a right submit verbal or written complaints against actions of law enforcement officers violating your rights to competent bodies.
- If you feel that formal complaint has not resolved the discrimination issue, you should consider consulting your lawyer (or non-governmental organizations) specializing in this area on your other options for protection of your rights.
- It is a good idea to involve an adult in this process.
How can I respond to circumstances involving discrimination?
- When you encounter situations involving discrimination you should:
- If possible, carefully write down or record circumstances of discrimination. Record the date, time, location, officer details (names, badge numbers, physical appearance), witnesses, conversation and actions of all participants, etc. with great detail. Your notes will be used as the basis for any formal complaint you may file later.
- Contact law enforcement HQs or competent bodies to submit a formal verbal or written complaint.
- If you feel that formal complaint has not resolved the discrimination issue, consider consulting your lawyer (or non-governmental organizations) specializing in this area on your other options for protection of your rights.
- It is a good idea to involve an adult in this process.
How can I make a complaint if I feel that my rights have been violated?
You have the right to complain (verbally or in written form) against any action or decision of the pre-trial investigation officer (e.g., a police officer) at any stage of proceedings. Code of Criminal Procedure, Articles 62-65
You also have a right to submit verbal or written complaints against actions of police officers for violations of the Code of Ethics Police Employees. Complaints should be submitted to the law enforcement institution where the officer is working. Regulations of the Police Employees’ Ethics Commissions, Paragraph 8
How can I make a complaint if I feel that I have been subject to discrimination or racism? Law on Equal Opportunities, Article 12(1)
If you feel that you have been subject to discrimination or racism, you can file a complaint to the Ombudsperson of Equal Opportunities. Complaints must be made in writing (https://www.lygybe.lt/en/make-a-complaint).
You also have a right to complain (verbally or in written form) against any action or decision of the pre-trial investigation officer (e.g. a police officer) related to discrimination or racism at any stage of proceedings. Code of Criminal Procedure, Articles 62-65
In case of discrimination or racism by police officers you can also submit verbal or written complaint against actions of police officers for violations of the Code of Ethics of Police Employees. Complaints should be submitted to the law enforcement institution where the officer is working. Regulations of the Police Employees’ Ethics Commissions, Paragraph 8
13. What can you do if the police perform an improper search? Or I was improperly detained?
- You may have a legal claim that your rights have been violated (meaning not respected) if the conditions listed below have been met:
- The police officer searches or seizes your: body (e.g., you are detained and (or) searched); house (including the porch, garden, etc.) or hotel room; papers; or any other personal belongings.
- The police officer physically entered your house, touched you, took your papers and (or) personal belongings, or the officer did not respect what you could reasonably expect your privacy to be.
- It must be your rights that were violated, not the rights of any other person.
- The police officer did not have a court warrant or other proper legal ground to search or detain you.
- Maximum period of detention (48 hours) is exceeded, or police officers fail to inform your family, close relatives or your specified person about your detention.
What can I do if I have been subject to improper search or improper detention?
You should not resist a search or a detention. You will always have a right to complain against any action of a police officer or any other official. Code of Criminal Procedure, Articles 62-65
If you feel that you have been subject to a crime against you that was committed by a police officer or any other official, you should contact law enforcement HQs. See contact information at https://policija.lrv.lt/en/structure-and-contacts/how-to-find-us.