Introduction
Introduction
In the year 1918, the Republic of Lithuania became an independent, democratic republic. The Provisional Constitution declared that ‘all the citizens of the State are equal before the law, irrespective their sex, nationality, religion and social statuses’. This provision constituted the general principle, which influenced the formation of the complete national legal system.
On January 16, 1919, the Provisional Law on the Courts and Organisation of Their Work was adopted. This law introduced a new law enforcement link: ‘State Advocates (Procurators) and their assistants shall act under the regional court and the Supreme Tribunal’. The procurators performed the duties of the state in criminal proceedings, that is, bring charges against the persons who had committed criminal acts.
In the mid-war, the State Advocate institution was renamed the Prosecutor’s Office further to the Law on the System of Courts (1933). This law came into force on 15 September 1933, stipulating that ‘Minister of Justice shall be the chief prosecutor of the Republic. He shall preside over the prosecutors of the Supreme Tribunal, Chambers of Appeal, and regional courts, and over their assistants, and supervise them’. Upon the motion of the Minister of Justice, the President of the Republic of Lithuania appointed and dismissed the prosecutors and their assistants.
Lithuania lost its independence, and, during the occupation period (1940–1990), the regulations of Prosecutor’s Office of the RSFSR (USSR) – the country that had annexed Lithuania – were in force in the State, and Moscow appointed the prosecutors.
After the restoration of the independence on March 11, 1990, the Supreme Council– Seimas (Parliament) – considered the appointment of the national prosecutor on March 22, 1990. The Parliament’s Commission for Legal System stressed the necessity of changing the former Soviet doctrine of prosecutorial supervision, that is, the protection of the State against the person, into a different one – the protection of person and citizen against the State. Under the rule of law, Parliament restored democratic law enforcement institutions, including the prosecutor’s office.
Moreover, March 30, 1990 became a significant date in the history of the prosecutor’s office. On this day, national prosecutors gathered together in the building of the Prosecutor General’s Office, located in Vilnius, the capital, and, by a unanimous voice, pledged their loyalty to the laws. The prosecutors unhesitatingly rejected the attempts of the emissaries from a foreign state, USSR, who arrived in Vilnius at that time and were striving to restore the obedience of the prosecutors and their dependence on Moscow. At present, the Law on the Prosecutor’s Office has approved this day as the day of the prosecutor’s office, and it is celebrated annually.
Since July 27, 1990, when the Parliament adopted the Law on Amendment and Supplementation of the Provisional Fundamental Law, the head of the Prosecutor’s Office has been named the Prosecutor General of the Republic.
The organisation of the prosecutor’s office and the procedure of its activities have been established by the Law on the Prosecutor’s Office which came into force on August 27, 1990. This legislation was the first of its kind in the history of the national prosecutor’s office. Currently, the new Law on the Prosecutor’s Office, a revised version adopted by the Seimas (Parliament) on April 22, 2003, is in operation.
Among the functions of the prosecutor’s office that are specified by law, the most important one is the prosecutor’s office as a national institution, which assists in ensuring justice and aids the court in administrating justice.
All basic principles can be found in national criminal laws and national law is complemented by the laws of the European Union. Prosecutors take an active part in co-operation with their foreign colleagues and participate in international trainings.
In the year 1918, the Republic of Lithuania became an independent, democratic republic. The Provisional Constitution declared that ‘all the citizens of the State are equal before the law, irrespective their sex, nationality, religion and social statuses’. This provision constituted the general principle, which influenced the formation of the complete national legal system.
On January 16, 1919, the Provisional Law on the Courts and Organisation of Their Work was adopted. This law introduced a new law enforcement link: ‘State Advocates (Procurators) and their assistants shall act under the regional court and the Supreme Tribunal’. The procurators performed the duties of the state in criminal proceedings, that is, bring charges against the persons who had committed criminal acts.
In the mid-war, the State Advocate institution was renamed the Prosecutor’s Office further to the Law on the System of Courts (1933). This law came into force on 15 September 1933, stipulating that ‘Minister of Justice shall be the chief prosecutor of the Republic. He shall preside over the prosecutors of the Supreme Tribunal, Chambers of Appeal, and regional courts, and over their assistants, and supervise them’. Upon the motion of the Minister of Justice, the President of the Republic of Lithuania appointed and dismissed the prosecutors and their assistants.
Lithuania lost its independence, and, during the occupation period (1940–1990), the regulations of Prosecutor’s Office of the RSFSR (USSR) – the country that had annexed Lithuania – were in force in the State, and Moscow appointed the prosecutors.
After the restoration of the independence on March 11, 1990, the Supreme Council– Seimas (Parliament) – considered the appointment of the national prosecutor on March 22, 1990. The Parliament’s Commission for Legal System stressed the necessity of changing the former Soviet doctrine of prosecutorial supervision, that is, the protection of the State against the person, into a different one – the protection of person and citizen against the State. Under the rule of law, Parliament restored democratic law enforcement institutions, including the prosecutor’s office.
Moreover, March 30, 1990 became a significant date in the history of the prosecutor’s office. On this day, national prosecutors gathered together in the building of the Prosecutor General’s Office, located in Vilnius, the capital, and, by a unanimous voice, pledged their loyalty to the laws. The prosecutors unhesitatingly rejected the attempts of the emissaries from a foreign state, USSR, who arrived in Vilnius at that time and were striving to restore the obedience of the prosecutors and their dependence on Moscow. At present, the Law on the Prosecutor’s Office has approved this day as the day of the prosecutor’s office, and it is celebrated annually.
Since July 27, 1990, when the Parliament adopted the Law on Amendment and Supplementation of the Provisional Fundamental Law, the head of the Prosecutor’s Office has been named the Prosecutor General of the Republic.
The organisation of the prosecutor’s office and the procedure of its activities have been established by the Law on the Prosecutor’s Office which came into force on August 27, 1990. This legislation was the first of its kind in the history of the national prosecutor’s office. Currently, the new Law on the Prosecutor’s Office, a revised version adopted by the Seimas (Parliament) on April 22, 2003, is in operation.
Among the functions of the prosecutor’s office that are specified by law, the most important one is the prosecutor’s office as a national institution, which assists in ensuring justice and aids the court in administrating justice.
All basic principles can be found in national criminal laws and national law is complemented by the laws of the European Union. Prosecutors take an active part in co-operation with their foreign colleagues and participate in international trainings.
