Pre-trial investigation and criminal proceedings
Assistance available for the victim during the criminal procedure
Victims of human trafficking are entitled to various means of assistance and support during the criminal proceedings in Lithuania. Through the anti-trafficking NGOs, victims can receive social assistance and, for instance:
- Information on their rights
- Information about the initial procedures and principles of the pre-trial investigation (as far as is necessary to ensure the victim’s effective and best interest-oriented co-operation with the pre-trial and judicial institutions)
- Professional legal aid (through budget allocations to the NGOs and other, usually grant-aided funds)
The victims have right to receive primary and secondary legal aid. This right is enshrined in the Republic of Lithuania Law on State Guaranteed Legal Aid, which lays down the conditions and procedures for receiving such aid.
Primary legal aid includes the provision of legal information, legal advice and drafting of documents for submission to municipal authorities, except for procedural documents. It is usually provided by municipal officials or by lawyers contracted by the municipality. All citizens of the Republic of Lithuania and EU countries, as well as other natural persons legally residing in Lithuania and the EU, shall be entitled to receive primary legal aid. The primary legal aid is limited to one hour.
Secondary legal aid covers legal representation during criminal, civil and administrative proceedings. The secondary legal aid is provided by lawyers and is granted by the State-guaranteed Legal Aid Service.
The data collected during the assessment of the victim’s special protection needs are taken into account when organizing the criminal proceedings and deciding whether, due to his special protection needs, it is necessary to apply one or more guarantees set out in the Code of Criminal Procedure.
Children
In Lithuania children receive the right to legal aid from the moment they are recognised as victims by the pre-trial investigation officer or prosecutor. Application for legal aid for children is usually made by parents or legal representatives.
However, in certain cases, such as when minors are victims of criminal offences against human liberty, freedom and integrity of sexual self-determination, where the pre-trial investigation officer, prosecutor or judge considers that the presence of an authorised representative is mandatory, a lawyer shall be appointed for the child. The appointment is done on the basis of a report by the pre-trial investigation officer, prosecutor or judge, without a separate application from the child’s legal representatives.
Following procedures should be in place, when a child is being interrogated:
- A psychologist must be invited to the interrogation of a child victim in connection with crimes against human freedom or in other cases. The psychologist helps to interview the child, taking into account their social and psychological maturity. A representative of the SCRPAS observes from another room whether the rights of the child are violated during the interrogation. If necessary, the psychologists can also participate in other steps of the criminal process.
- During the pre-trial investigation, the minor victims are interviewed in rooms adapted for the interrogation of children. The interview usually takes palce only once. In cases where it is necessary to re-interview a child victim during the pre-trial investigation, they are usually interrogated by the same person. A video and audio recording is made during the interview. A minor victim is summoned to a court hearing only in exceptional cases.
The help center “Užuovėja” provides short-term comprehensive services to children who may have suffered from sexual abuse and their family members. The main services provided by the Help Center are focused on the child’s participation in the pre-trial investigation process due to possible sexual abuse. The Help Center can arrange:
- Psychological evaluation of the child (the psychological characteristics of the child, the event of possible sexual abuse and the child’s response to it are assessed)
- Legal interview
- Examination by a forensic medical expert.
Protection of the victim during the criminal procedure
During the pre-trial investigation and criminal proceedings, the victim may be accompanied by a person of their choice. This person must comply with the procedure laid down during the pre-trial investigation and the trial.
Other protection means during a court procedure include that a victim can give evidence outside the presence of the defendant, by videoconference or, in exceptional cases, completely anonymously. In some courts, the victims can be located in special premises to increase their protection.
Receiving compensation
The compensation of the damage caused by violent criminal offences in Lithuania is regulated by Law. According to the legislation, victim of a violent crime can receive compensation, if the victim is:
- A citizen of the Republic of Lithuania,
- A citizen of another Member State of the European Union or a member of his/her family,
- Another person legally residing permanently in the Republic of Lithuania or in another Member State of the European Union
- In the cases referred to in the international treaties of the Republic of Lithuania, another person against whom a violent criminal offence has been committed.
If the case the victim does not meet the aforementioned requirements, compensation is not paid to such person.
According to the compensation scheme in force in the Republic of Lithuania, a crime victim may apply for compensation during the pre-trial investigation, court proceedings, and after the final judgment of the court.
According to the Law, a victim may receive part of the compensation in advance before a final judgment in criminal proceedings. In such a case, the victim may be paid half of the maximum amount of compensation, depending on the pecuniary claims made by the victim in the criminal proceedings. Later, when a final judgment in rendered in the criminal proceedings, the victim may ask for the remaining part of the compensation if more damage has been awarded in the judgment than already compensated in advance.
If the possibility of obtaining compensation in advance is not made use of, the victim shall have the right, after the final judgement in the criminal proceedings, to apply to the Ministry of Justice of the Republic of Lithuania for compensation, the amount whereof shall be calculated with reference to damage amounts awarded to the victim by the judgement. The compensation paid depends on the outcome of the criminal case. Only the pecuniary and non-pecuniary damage awarded for the victim from the offender by the court in the criminal proceedings shall be compensated, up to the maximum amounts set in the legislation.
The state compensation shall be paid to the victim only in cases where it is identified that the perpetrator has not compensated it voluntarily, the damage has not been compensated from other sources, and there are no objective possibilities to recover the damage awarded by the court from the perpetrator in favour of the victim under the coercive procedure.