Database of Legislation

Corruption
     Chapter II
     Article 9

    UNTOC Articles

    • Organized Crime Convention

    • Article 16: Extradition
    • Article 27: Law enforcement cooperation
    • Trafficking in Persons Protocol

    • Smuggling of Migrants Protocol

    • Firearms Protocol

       

      UNCAC article

      • Article 44. Extradition - Paragraph 1 of article 44
      • Article 48. Law enforcement cooperation - Subparagraph 1 (b) of article 48
       

      Original Text

      Article 9.  Extradition

      1. A citizen of the Republic of Lithuania who has committed a criminal act in the Republic of Lithuania or in the territory of another state may be extradited to the foreign state or surrendered to the International Criminal Court solely in accordance with a treaty to which the Republic of Lithuania is party or a resolution of the United Nations Security Council.

      2. An alien who has committed a criminal act in the Republic of Lithuania or in the territory of another state shall be extradited to the respective state or surrendered to the International Criminal Court solely in accordance with a treaty to which the Republic of Lithuania is party or a resolution of the United Nations Security Council.

      3. It shall be allowed not to extradite a citizen of the Republic of Lithuania or an alien where:

      1) the committed act is not regarded as a crime or misdemeanour under this Code;

      2) the criminal act has been committed in the territory of the State of Lithuania;

      3) the person is being prosecuted for a crime of political nature;

      4) the person has been convicted of the criminal act committed, acquitted or released  from criminal liability or penalty;

      5) the person may be subject to capital punishment for the committed crime in another state;

      6) the statute of limitations for the passing or execution of a judgement of conviction has expired;

      7) the person is released from penalty under an act of amnesty or by granting clemency;

      8) there exist other grounds provided for by treaties to which the Republic of Lithuania is party.

      4. The persons who have been granted asylum in accordance with laws of the Republic of Lithuania shall not be punishable under a criminal law of the Republic of Lithuania for the criminal acts for which they were prosecuted abroad and shall not be extradited to foreign states, except in the cases provided for by Article 7 of this Code.

       
       

      Cross-Cutting Issues

      • International Cooperation

        • Extradition

          • Legal Basis

            • • UNCAC
          • Dual Criminality Requirement

            • Based on the conduct underlying the offence
          • Details

            • • Extension to accessory offences
              • Offences not complying with the minimum penalty requirement
              • Extradition for the purpose of enforcement of foreign sentence
              • International cooperation involving civil and administrative measures related to corruption
        • International law enforcement and police to police cooperation

          • • Agreements or arrangements for purposes of cooperation
            • Exchange of personnel
            • Cooperation on offences committed through ID related crime / use of modern technology
            • Legal basis on law enforcement cooperation