Questionnaire Lithuania
III.16 On what grounds can he be dismissed?
According to sect. 44 Law on the Prosecutor’s Office, the prosecutor may
be dismissed if:
- he breaches the oath by his conduct;
- he is found guilty of misconduct in office, although the imposed service-related penalty has not yet expired;
- he is twice in a year’s time missing from service for the entire day without a valid reason or is missing from service without a good reason for two days in succession;
- he fails twice to come to the meeting of the Performance Evaluation Commission without a good cause;
- he is absent from service by reason of temporary incapacity for work for over 120 calendar days in succession or over 140 calendar days in the course of the last twelve months, except in cases where it is established by law that he shall retain his office for a longer period due to certain illnesses or health impairment in service;
- he violates the Law on the Adjustment of Public and Private Interests in Public Service;
- he is not issued authorisation to work with classified information, where such an authorisation is prescribed by the Competence Regulations; or
- he has reached the age of entitlement for state officers and service members’ pension.
The prosecutor shall be dismissed when:
- he resigns;
- he has been imposed a service-related penalty - dismissal;
- a judgment of conviction becomes effective;
- he loses Lithuanian nationality;
- he does not withdraw from a political party or political organisation, or in another way violates the requirements of sect. 21(2) of this Law;
- objects to being transferred to a lower position due to the imposition of a service-related penalty;
- his position is abolished during the reorganisation of activities of the prosecutor’s office and he objects to another position offered to him or there is no other position that could be offered to him;
- he is not fit to serve as a prosecutor (based on the conclusion of the medical commission);
- he is not suitable to serve as a prosecutor based on the conclusion of the Performance Evaluation Commission;
- any circumstance is discovered why the person should not have been admitted to service at the prosecutor’s office and appointed to the prosecutor’s position;
- he resigns after becoming entitled to state officers’ and servicemen’s pension; or
- he reaches the age of 65 years.
- he breaches the oath by his conduct;
- he is found guilty of misconduct in office, although the imposed service-related penalty has not yet expired;
- he is twice in a year’s time missing from service for the entire day without a valid reason or is missing from service without a good reason for two days in succession;
- he fails twice to come to the meeting of the Performance Evaluation Commission without a good cause;
- he is absent from service by reason of temporary incapacity for work for over 120 calendar days in succession or over 140 calendar days in the course of the last twelve months, except in cases where it is established by law that he shall retain his office for a longer period due to certain illnesses or health impairment in service;
- he violates the Law on the Adjustment of Public and Private Interests in Public Service;
- he is not issued authorisation to work with classified information, where such an authorisation is prescribed by the Competence Regulations; or
- he has reached the age of entitlement for state officers and service members’ pension.
The prosecutor shall be dismissed when:
- he resigns;
- he has been imposed a service-related penalty - dismissal;
- a judgment of conviction becomes effective;
- he loses Lithuanian nationality;
- he does not withdraw from a political party or political organisation, or in another way violates the requirements of sect. 21(2) of this Law;
- objects to being transferred to a lower position due to the imposition of a service-related penalty;
- his position is abolished during the reorganisation of activities of the prosecutor’s office and he objects to another position offered to him or there is no other position that could be offered to him;
- he is not fit to serve as a prosecutor (based on the conclusion of the medical commission);
- he is not suitable to serve as a prosecutor based on the conclusion of the Performance Evaluation Commission;
- any circumstance is discovered why the person should not have been admitted to service at the prosecutor’s office and appointed to the prosecutor’s position;
- he resigns after becoming entitled to state officers’ and servicemen’s pension; or
- he reaches the age of 65 years.
