Criminal Intelligence Act passed in Lithuania

[Витаутас. Частный детектив г. Вильнюс. Литва]

In Lithuania, the parliament has adopted the well-developed Criminal Intelligence Law, although it has not yet been signed by the president and will replace the previous Law on Operational Activities. The text of the adopted law has not yet been published, there is only a draft where some formulations partially changed. The essence of the adoption of the law is that we are moving towards the Western model of the fight against crime, more and more moving away from the previous concept of operative activity. As spoken with the wanted officers, intelligence work is already being phased out, although by the end of six months and a year the bosses are scribbling their subordinates that things are bad with agents. I propose a small article made on the review of the media and certain provisions of the law.

On October 2, 2012, the Law on Criminal Intelligence was adopted in Lithuania
On Tuesday, October 2, the Seimas of Lithuania adopted the Criminal Intelligence Act, which, together with the draft Intelligence Law planned for adoption, will reform intelligence activities, separating it from law enforcement. The law was adopted as part of intelligence reform, for operational procedures used in intelligence and counterintelligence activities are not suitable, since operational activities are focused on detecting crimes, and intelligence and counterintelligence determines risk and threat factors and providing information to national security authorities. If the president signs this law, he will enter into force in January 2013. With the entry into force of the Criminal Intelligence Act, the Operational Activities Act will cease to be in force.
The law provides for the legal foundations of criminal intelligence activities, the rights and obligations of criminal intelligence entities, the conduct of criminal intelligence investigations, the use of private assistance in criminal intelligence, the use of criminal intelligence information, as well as the financing, coordination and control of criminal intelligence activities. The law defines in detail the activities of criminal intelligence - the concept, methods and means of collecting methods of collecting information and its use, protecting the rights and interests of citizens, responsibility for the illegal use of information, and the law distinguishes the interpretation of the activities of criminal intelligence from law enforcement agencies and counterintelligence

The main criminal intelligence agencies: the Police Department, the Financial Crime Investigation Service, the Customs Department, the Special Investigation, Management Service, the State Border Guard Service, as well as the rights and obligations of the criminal intelligence agencies will have a second Operational Services Department of the Ministry of the Territory (military intelligence and counterintelligence) and the State Security Department of State Security in Criminal Investigations.
Under the new law, criminal intelligence investigations will be carried out in cases where there is information about the preparation, commission of a crime or a crime already committed, when a suspect, accused or convicted person is hiding, when a person goes missing, people are protected from criminal influence.
Objects of criminal intelligence - possibly intentional, committed or committed crimes, their coercion, perpetrators or perpetrators, the active actions of these persons to neutralize criminal intelligence, other events and persons associated with national security.

Methods of collecting information from criminal intelligence: 1) a survey; 2) secret and explicit inspection 3) surveillance 4) ambush; 5) undercover activities; 6) control check; 7) fulfillment of the task of law enforcement agencies; 8) secret operation; 9) controlled deliveries; 10) imitation of criminal activity

The use of technical measures in a special procedure and other methods of secret control is authorized by the chairman of the district courts or by authorized judges on the basis of motivated submissions from the prosecutor.

In addition, it is planned that in urgent cases when there is a danger to human life, health, property, security of society or the state, criminal intelligence is permitted to be carried out on the basis of a decision of the prosecutor. In this case, within 24 hours, the prosecutor provides the judge with the idea of legality and validity measures taken, which the judge confirms or otherwise, the action must be terminated and the information collected is immediately destroyed.

In it, in particular, it is stipulated that physical surveillance can be carried out for 3 days without a court decision, only on the basis of the sanction of the head of the law enforcement agency or his authorized deputy. For a longer period, it must be authorized by the court on the proposal of the prosecutor. Physical surveillance can be ordered up to a maximum of three months, it can be extended, but the total period cannot exceed 12 months, with the exception of cases of serious and especially crimes, when the prosecutor general or his representative submits the submission.
The law prohibits criminal intelligence entities from provoking people to participate in criminal offenses. Provocations - pressure, active encouragement or incitement to crime, restricting the freedom of action of a person granted to that person if he commits or tries to commit an offense, although he does not intend to do so before.
If the information obtained is not confirmed when applying criminal intelligence, then the activity of criminal intelligence is immediately suspended, and the collected information about the object must be destroyed. Also, if, after the completion of the criminal intelligence investigation, the information gathered about the object is not collected by the criminal intelligence (I understand the case should be opened), then the information about the person’s private life should be destroyed within 3 months.
Complaints about actions in the course of criminal intelligence are submitted to the chief of the central instance of criminal intelligence and to the state prosecutor, and in case of disagreement with their decision, the complaint falls to the court.

The law provides for the right of a person in whose relations criminal intelligence was conducted, in case of refusal to disclose information about his participation in crimes and criminal proceedings, to familiarize himself with the data collected about him during criminal intelligence (Now crooks will read stories about their lives ...).

In the context of criminal intelligence investigations, the law specifically establishes the protection of human rights and freedoms, emphasizes that certain restrictions on these rights and freedoms are temporary and can only be applied in the manner prescribed by law in order to protect the rights and freedoms of another person, property, public and state security. The law provides for possible restrictions on rights and freedoms should be temporary and should be accepted only by law in order to protect the rights and freedoms, property, public and state security of another person

But for some parliamentarians advocating for the "protection of human rights", the law criticizes that it still has separate provisions where the actions of law enforcement agencies do not yet require court sanction, which in their opinion constitutes a violation of human rights and will result in "total, in no way controlled, unrestricted prosecution "and you cannot trust ordinary operatives since they" often become contract workers both in business and political structures "(I don’t know how in Russia, but in Lithuania this is more relevant to courts and prosecutors). They intend to get the president to veto the entry into force of this law.

 

[Патрушев Михаил Владимирович]

Well, what can I say ...? Thank you for the article!!!

 

[Витаутас. Частный детектив г. Вильнюс. Литва]

Very interesting.!!!! Is imitation of criminal activity a prerequisite for operational implementation, or something else?

This applies, in other words, to the actions of secret employees and other persons under the guise of imitating criminal activity which is authorized by the prosecutor on formal grounds (duration, limits of committing criminal activity, who will do it and in whose relations, etc.).

 

[Андрей Захаров]

Thanks Vytautas))) Very interesting information ... Useful and informative ...

 

[НСК-СБ]

Thank Vytautas Very interesting! :!:

 

[Симферополь]

Thank Vytautas Interesting material for any detective! Finally, the law "prescribes" such an event as an ambush. Will it be interesting to talk about the temporary restriction of the rights of third parties in whose territory ambushes are held? And the right to familiarize oneself with the tracking materials of the person involved clearly “smiled” ... Thanks again!

 

[Роберт]

Wow! Brothers need to move to Lithuania !!! : D
In Germany, something similar is already working.

 

[Частный детектив Киров]

Thank! Interesting and informative.

 

[Частный детектив. Timofey. Челябинск.]

Thank! Very interesting article!

 

[Евгений СБ]

Thank. Interesting.