Detention, a summons to questioning, a search that has been carried out, a suspicion brought against you or a court judgment received may have significant consequences for a person's liberty, reputation and property interests. In such cases it is important to understand as early as possible your procedural position, the rights you have and the possible further steps.
In criminal proceedings a person's rights and the attorney's role depend on whether the person is a suspect, an accused, a convicted person, a victim, a civil claimant or a witness. For a suspect and an accused the attorney acts as defence counsel, while a victim and other participants in the proceedings may be represented by an authorised representative.
The law firm "Ernestas Bušmovičius ir partneriai" provides legal assistance during the pre-trial investigation, in the hearing of a criminal case in court, in contesting procedural decisions and in resolving questions relating to the execution of a sentence.
The pre-trial investigation is the stage of criminal proceedings in which data about a criminal act that may have been committed are collected and verified. At this stage questioning, searches, seizures, expert examinations and other procedural actions may be carried out.
The suspect's defence counsel:
It is advisable to contact an attorney without waiting for the investigation to be completed and the case referred to court. Explanations given and data recorded during the first questioning may be significant for the entire further course of the proceedings.
A person who has been temporarily detained or summoned for questioning should first establish in what procedural capacity they are being summoned and about which circumstances they will be questioned.
We provide urgent assistance of an attorney where:
Defence counsel may take part in the questioning, put questions and submit requests, make observations on the conduct of the procedural action and ensure that they are properly recorded. In the case of a search or seizure, the legal basis for the action, its scope and compliance with the established procedure are assessed.
Remand measures may restrict a person's liberty, movement or communication, or impose other duties. The strictest of them – detention on remand – may be imposed only where the grounds and conditions laid down by law exist.
In deciding the question of a remand measure, the following is assessed:
Defence counsel submits arguments and documents to the court, takes part in the hearing on the imposition of detention on remand or the extension of its term, and may also request that the remand measure be revoked or replaced with a more lenient one.
Once a criminal case has been referred to court, the merits of the charge are verified by examining the evidence and questioning the accused, the victims, witnesses, specialists and experts.
In defending the accused in court, we:
The defence strategy is chosen according to the factual circumstances of the particular case. It may relate to the charge being unproven, an incorrect legal classification of the act, procedural breaches, grounds for not applying criminal liability, or the question of a just and proportionate sentence.
A person who has suffered from a criminal act has the right to apply for the commencement of a pre-trial investigation, to submit evidence and requests, to examine the case material under the procedure laid down by law, and to contest the decisions of officers, the prosecutor or the court.
In representing a victim, we:
The assistance of an attorney is particularly relevant for those who have suffered from violence, fraud, theft, misappropriation of property, impairment of health, threats or other criminal acts.
A person who has suffered pecuniary or non-pecuniary damage as a result of a criminal act may bring a civil claim in criminal proceedings. Such a claim is heard together with the criminal case.
A civil claim may seek compensation for:
We prepare the civil claim, help to collect the documents confirming its basis and amount, and represent the civil claimant. We also defend a suspect, accused or civil defendant against unfounded or incorrectly calculated claims.
A witness must give truthful testimony, but may not be compelled to testify against themselves, their family members or close relatives. Before questioning it is therefore important to establish precisely on what basis the person is being summoned and what rights they have.
A separate assessment applies where, by decision of the prosecutor, a person is questioned about a criminal act they may have committed. In practice such a person is often called a special witness, although the Code of Criminal Procedure does not establish a separate long-term status of "special witness".
For such a person it may be particularly important to:
An attorney does not shape a witness's testimony and does not tell them what to say. The purpose of legal assistance is to explain the person's rights and duties and to ensure that the questioning is conducted lawfully.
The actions or decisions of pre-trial investigation officers and prosecutors may be contested under the procedure laid down in the Code of Criminal Procedure. Depending on the decision, the complaint may be submitted to the prosecutor supervising the investigation or to a superior prosecutor, to the pre-trial investigation judge or to the court.
We prepare complaints concerning:
The time limits for contesting procedural decisions may be short, so on receiving a decision or ruling it is advisable to check immediately the procedure for contesting stated in it.
If a person disagrees with the judgment or ruling of the court of first instance, an appeal may be lodged in the cases laid down by law. In appeal proceedings it is possible to contest the factual circumstances, the assessment of the evidence, the legal classification of the act, the sentence imposed and the resolution of the civil claim.
Cassation proceedings mainly review questions of the application of law and of essential procedural breaches. A cassation appeal therefore cannot be merely a repetition of the appeal arguments – it must set out a ground for review of the case laid down in the Code of Criminal Procedure.
We prepare:
The assistance of an attorney may also be needed once a court judgment has entered into force. At this stage the specific possibilities depend on the sentence imposed, the conditions of its execution, the conduct of the convicted person and other legal circumstances.
We advise and provide representation in relation to:
Legal assistance is provided in criminal cases of various kinds, including cases concerning:
In every case we assess not only the article of the Criminal Code invoked, but also the factual circumstances, the lawfulness of the way the evidence was obtained, the person's procedural status and the realistic possibilities of legal defence.
We provide the following legal services:
Before we begin providing services we assess the person's procedural position, the available documents, any urgent time limits, the possible risks and the expected scope of work.
The law firm "Ernestas Bušmovičius ir partneriai" has been operating since 2005. We represent clients from Lithuania and abroad in criminal cases and in other legal proceedings taking place in Lithuania.
Our working principles:
An attorney cannot guarantee an acquittal, the discontinuation of a pre-trial investigation or any other particular outcome. It is the attorney's duty to defend the client's rights by lawful means and to ensure professional representation.
It is advisable to make contact immediately after detention, on receiving a summons to questioning, on learning that a pre-trial investigation has been commenced, or when officers have begun a search. Early involvement of an attorney makes it possible to clarify procedural rights in time and to avoid ill-considered steps.
A suspect and an accused have the right to give testimony, but it is not their duty. Before deciding whether and to what extent to give explanations, it is advisable to examine the suspicion brought and to consult defence counsel.
The procedural position of a witness differs from that of a suspect. A witness must generally give truthful testimony, but may not be compelled to testify against themselves, their family members or close relatives. The particular situation must be assessed according to the status stated in the summons and in the procedural documents.
A suspect and an accused have the right to defence counsel. A person questioned, by decision of the prosecutor, about a criminal act they may have committed may also have an authorised representative. In other cases the possibility of an attorney taking part depends on the person's procedural position and on the particular procedural action.
Yes. A person who has suffered pecuniary or non-pecuniary damage as a result of a criminal act may bring a civil claim in the criminal case. The basis and the amount of the claim must be substantiated by documents and other evidence.
Yes, such decisions may be contested under the procedure laid down in the Code of Criminal Procedure. The particular institution to which the complaint must be submitted and the time limit are usually stated in the decision received.
You should provide the summons, the notice of suspicion, the records of detention or questioning, search documents, prosecutor's decisions, court rulings or the judgment. It is also useful to prepare a brief chronology of events and to indicate the dates of the nearest procedural actions.
The price depends on the complexity of the case, the stage of the proceedings, the volume of documents, the number of procedural actions and the duration of the representation. The scope of work and the payment terms are agreed after assessing the particular situation.
If you have been detained, summoned for questioning, received a notice of suspicion, are an accused person or have suffered from a criminal act, contact the law firm "Ernestas Bušmovičius ir partneriai".
Briefly indicate your procedural status, the institution handling the case, the date of the nearest procedural action and the documents you have. Once we have reviewed the information provided, we will be able to assess the possible further steps.
The fundamental rights of a person in criminal proceedings are laid down by the Constitution of the Republic of Lithuania. Criminal acts, criminal liability and penalties are governed by the Criminal Code of the Republic of Lithuania, while the procedure for the pre-trial investigation, the defence, the rights of victims and the hearing of cases is governed by the Code of Criminal Procedure of the Republic of Lithuania.
Current official information on the rights of victims is published on the website of the Prosecutor's Office of the Republic of Lithuania.
Legislation and the practice of its application may change, so each particular situation must be assessed in the light of the legal regulation in force at the time of the enquiry.
This page provides general information. It should not be regarded as individual legal advice.