ratification deposited on 8 April 1998 - Or. Engl.
In accordance with Article 61, paragraph 1, of the said Convention, the Republic of Lithuania declares that it reserves the right:
a. to refuse enforcement, if it considers that the sentence relates to a fiscal offence;
b. to refuse enforcement of a sanction for an act which, according to the law of the Republic of Lithuania, could have been dealt with only by an administrative authority;
c. to refuse enforcement of a European criminal judgment which the authorities of the requesting State rendered on a date when, under the law of the Republic of Lithuania, the criminal proceedings in respect of the offence punished by the judgment would have been precluded by the lapse of time;
d. to refuse the enforcement of sanctions rendered in absentia and "ordonnances penales";
e. to refuse the application of the provisions of Article 8 where the Republic of Lithuania has an original competence, and to recognise in these cases only the equivalence of acts interrupting or suspending time limitation which have been accomplished in the requesting State.
Period covered: 9/7/1998 -
The preceding statement concerns Article(s): 61
Information contained in a Note Verbale from the Ministry of Foreign Affairs of Lithuania, dated 2 February 1999, registered at the Secretariat General on 11 February 1999 - Or. Engl.
The Ministry of Foreign Affairs of Lithuania, referring to Article 63 of the Convention, provides the list of sanctions applied and enforced in the Republic of Lithuania for the purposes of the application of the Convention:
The main punishments are the following:
1 Imprisonment
Imprisonment can be imposed for a period of 3 months up to 20 years. If a new crime is committed prior to the end of serving the previous crime, imprisonment up to 25 years may be imposed. Life imprisonment can be imposed for certain crimes. Sentences for persons that were under age 18 at the time of committing the crime cannot be longer than 10 years.
Having regard to the seriousness of the crime committed and the personality of the convicted person, deprivation of liberty may be served:
a) in prison;
b) under common, strict or very strict regime;
c) in an open correctional institution;
d) in a correctional institution, under common or strict regime.
2 Community service
Community service may be imposed for a period from 2 months to 2 years; where the sentence is served at the sentenced person's working place, his or her salary is deducted by 5 up to 20%.
3 Fine
Fines are pecuniary sanctions that may be imposed either as the main or as an ancillary punishment. Fines as the principal punishment can be imposed in the range from 100 (one hundred) to 1000 (one thousand) MLS. Fine as the additional punishment can be imposed in the range of 10 (ten) to 500 (five hundred) MLS. The amount of fine for the committed crime is imposed by court, with regard to the seriousness of the crime committed, the damage that it produced and the wealth of the person convicted.
The court may impose a term of imprisonment in replacement of a fine imposed by way of a main punishment, if the person refuses to pay and if it is not possible to enforce the fine.
Together with the principal punishments the following additional sanctions can be imposed:
1 Confiscation of property
Confiscation of property is an additional mandatory punishment, imposed by the court for the crimes provided for in Article 35 of the Criminal Code of the Republic of Lithuania. It is mandatory that confiscation of property is applied to the whole or part of property which belongs exclusively to the sentenced person, or property which is in the custody of another person, but was gained by the offender in conn
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