Konstitucijos trenerisLietuvos Respublikos Konstitucija · 2022

Chapter IX. Courts

Article 109

In the Republic of Lithuania, justice shall be administered only by courts.

When administering justice, judges and courts shall be independent.

When considering cases, judges shall obey only the law.

Courts shall adopt decisions in the name of the Republic of Lithuania.

Article 110

Judges may not apply any laws that are in conflict with the Constitution.

In cases when there are grounds to believe that a law or another legal act that should be applied in a concrete case is in conflict with the Constitution, the judge shall suspend the consideration of the case and shall apply to the Constitutional Court, requesting that it decide whether the law or another legal act in question is in compliance with the Constitution.

Article 111

The courts of the Republic of Lithuania shall be the Supreme Court of Lithuania, the Court of Appeal of Lithuania, regional courts, and local courts.

For the consideration of administrative, labour, family, and cases of other categories, specialised courts may be established according to the law.

No courts with extraordinary powers may be established in the Republic of Lithuania in time of peace.

The formation and competence of courts shall be established by the Law on Courts of the Republic of Lithuania.

Article 112

In Lithuania, only the citizens of the Republic of Lithuania may be judges.

The justices of the Supreme Court, as well as its President chosen from among them, shall be appointed and released by the Seimas upon submission by the President of the Republic.

The judges of the Court of Appeal, as well as its President chosen from among them, shall be appointed by the President of the Republic upon the assent of the Seimas.

The judges and presidents of local, regional, and specialised courts shall be appointed, and their places of work shall be changed, by the President of the Republic.

A special institution of judges, as provided for by law, shall advise the President of the Republic on the appointment, promotion, and transfer of judges, or their release from duties.

A person appointed as a judge shall, according to the procedure established by law, take an oath to be faithful to the Republic of Lithuania and to administer justice only according to the law.

Article 113

Judges may not hold any other elective or appointive office, or work in any business, commercial, or other private establishments or enterprises. Nor may they receive any remuneration other than the remuneration established for judges and payment for educational or creative activities.

Judges may not participate in the activities of political parties or other political organisations.

Article 114

Interference by any institutions of state power and governance, Members of the Seimas or other officials, political parties, political or public organisations, or citizens with the activities of a judge or court shall be prohibited and shall lead to liability provided for by law.

Judges may not be held criminally liable or be detained, or have their liberty restricted otherwise, without the consent of the Seimas or, in the period between the sessions of the Seimas, without the consent of the President of the Republic of Lithuania.

Article 115

The judges of the courts of the Republic of Lithuania shall be released from their duties according to the procedure established by law in the following cases:

1) of their own will;

2) upon the expiry of the term of powers, or upon reaching the pensionable age established by law;

3) due to their state of health;

4) upon election to another office, or upon transfer, with their consent, to another place of work;

5) when their conduct discredits the name of judges;

6) upon the entry into effect of court judgments convicting them.

Article 116

For a gross violation of the Constitution or a breach of the oath, or when they are found to have committed a crime, the President and justices of the Supreme Court, as well as the President and judges of the Court of Appeal, may be removed from office by the Seimas according to the procedure for impeachment proceedings.

Article 117

In all courts, the consideration of cases shall be public. A closed court hearing may be held in order to protect the secrecy of private or family life, or where the public consideration of the case might disclose a state, professional, or commercial secret.

In the Republic of Lithuania, court proceedings shall be conducted in the state language.

Persons who do not have sufficient knowledge of the Lithuanian language shall be guaranteed the right to participate in the investigation and court proceedings through a translator.

Article 118

A pre-trial investigation shall be organised and directed, and charges on behalf of the State in criminal cases shall be upheld, by prosecutors.

In cases established by law, prosecutors shall defend the rights and legitimate interests of the person, society, and the State.

When performing their functions, prosecutors shall be independent and shall obey only the law.

The Prosecution Service of the Republic of Lithuania shall be the Office of the Prosecutor General and territorial prosecutor’s offices.

The Prosecutor General shall be appointed and released by the President of the Republic upon the assent of the Seimas.

The procedure for the appointment and release of prosecutors, as well as their status, shall be established by law.