Information about bailsmen
A bailsman may be parents of the offender, close relatives or other persons worthy of a court’s trust. When taking a decision, the court shall take account of the bailsman’s personal traits or nature of activities and a possibility of exerting a positive influence on the offender.
The term of bail shall be set from one year up to three years.
When requesting to release a person on bail with a surety, a bailsman shall undertake to pay a surety in the amount specified by a court. Taking account of a bailsman’s personal traits and his financial situation, the court shall specify the amount of the surety or decide on release from criminal liability on bail without a surety. The bail bond shall be returned upon the expiry of the term of bail where a person subject to bail does not commit a new criminal act within the term of bail as laid down by the court.
A bailsman shall have the right to withdraw from bail. In this case, a court shall, taking account of the reasons for a withdrawal from bail, decide on the return of a surety, also on a person’s criminal liability for the committed criminal act, appointment of another bailsman or the person’s release from criminal liability.
If a person released from criminal liability on bail commits a new misdemeanour or negligent crime during the term of bail, a court may revoke its decision on the release from criminal liability and shall decide to prosecute the person for all the criminal acts committed.
If a person released from criminal liability on bail commits a new premeditated crime during the term of bail, the previous decision releasing him from criminal liability shall become invalid and the court shall decide to prosecute the person for all the criminal acts committed.
Release from criminal liability on bail
Release from criminal liability on bail (art. 40 of the Criminal Code of the Republic of Lithuania) is one of the ways to show the State‘s trust in the person and to give him/her the opportunity to prove that it was an accidental misconduct. Applying art. 40 of the Criminal Code of the Republic of Lithuania, the relevant conditions for exemption from criminal liability are established, where:
1) a person commits the criminal act for the first time;
2) a person fully confesses his guilt and regrets having committed the criminal act;
3) a person at least partly compensates for or eliminates the damage incurred or undertakes to compensate for such where it has been incurred;
4) there is a basis for believing that he will fully compensate for or eliminate the damage incurred, will comply with laws and will not commit new criminal acts.
All these conditions are obligatory.
Confiscation of a vehicle
Art. 72 of the Criminal Code of the Republic of Lithuania stipulates that the property held by the offender and being subject to confiscation must be confiscated in all cases.
In the case of exemption from criminal liability, the application of a criminal sanction – confiscation of property – is the right, but not the obligation of the court. In exercising its power to confiscate property, the court first assesses the compatibility of that legal measure with the aims and principles which guided the decision to exempt the person from criminal liability.
In cases where the car operated by the drunk driver belongs to other persons (the driver’s spouse, father, son, etc.), under certain conditions, the court does not confiscate the car itself, but the amount of money corresponding to its value and returns the car to its rightful owner.
Criminal liability for driving vehicles while intoxicated
Art. 2811 of the Criminal Code of the Republic of Lithuania stipulates that a driver who has been diagnosed with intoxication of 1.51 or more per mille, as well as a person who has taught practical driving while intoxicated and who has been diagnosed with intoxication of 1.51 or more per mille, as well as the person who has evaded intoxication testing when showing signs of intoxication, or consumed alcohol after a traffic accident, is to be imposed with a fine or arrest, or imprisonment for up to 1 year, in addition, a car may be confiscated and deprivation of a right to drive vehicles for up to 5 years may be imposed.
In the event of causing an accident in which the victim has suffered serious damage to property or was injured, or an accident in which a person has been killed, the driver shall be deemed intoxicated and prosecuted if the level of intoxication is more than 0.41 per mille, and if the driver avoids being tested for intoxication or consumed alcohol after the accident until the circumstances of the accident are determined.
In compliance with the Criminal Code of the Republic of Lithuania driving while intoxicated is treated as a minor criminal offence.
How to retrieve the driving licence?
A person who has been deprived of the right to drive for having committed an offense while intoxicated or under the influence of drugs, medication or other substances, shall not be entitled to drive until the deprivation period has expired and following the medical and educational certification, as well as completion of additional driving training and retaking of the driving test in accordance with the procedure established by the Government or its authorized body. The requirement to retake a driving test shall not apply if the offense referred to in this paragraph has led to the deprivation of the right to drive for less than one year.
A person who has been twice deprived of the right to drive vehicles for committing an offense while intoxicated or under the influence of drugs, medication or other substances, shall retrieve his/her right to drive a vehicle no earlier than after 10 years.
Upon the end of the deprivation period, the person subject to the administrative sanction is prohibited from driving vehicles without anti-alcohol engine locks and he/she shall only retrieve the right to drive vehicles with anti-alcohol engine locks during this prohibition period.
Aggravating circumstances for liability for administrative offenses
1)Administrative offense is committed by two or more agreed persons*.
2)Administrative offense is committed by exploiting a public or other person’s misfortune.
3)Administrative offense has caused serious consequences.
4)Administrative offense was committed to a pregnant woman, when it was known or apparent that she was pregnant, or to a disabled person, when it was known or apparent that he was disabled.
5)Commitment of the administrative offense involved a minor and this was caused by an adult.
6)Administrative offense was committed to a minor.
7)Administrative offense was committed as hatred for a person/s or discriminating against a person/s on the basis of sex, race, nationality, language, origin, social status, belief, belief, opinion or other grounds.
8)Administrative offense was committed by a person who was drunk or intoxicated with narcotic, psychotropic or other psychoactive substances, and these circumstances influenced the commission of an administrative offense.
9)Administrative offense was committed by torture or mockery of a person.
10)Administrative offense is committed in a generally dangerous manner or using explosives, explosive materials or firearms.
11)Administrative offense is committed by hooligan or selfish motives.
12)Same administrative offense was committed repeatedly during the year.
* Court or an institution (officer) examining the administrative offense case under out-of-court procedures, under certain circumstances, may refrain from recognizing this as aggravating circumstances.
How is the fine imposed?
An administrative penalty is imposed according to a specific article of the Code of Administrative Offense of the Republic of Lithuania by giving an administrative order or decision on the imposition of an administrative penalty.
The amount of the penalty is determined on the basis of the average of foreseen minimum and maximum penalty, taking into account the nature of the administrative offense committed, form and type of fault of the offender, personality, mitigating and aggravating circumstances.
In cases where there are only mitigating circumstances, no more than an average penalty is imposed, and where there is only an aggravating circumstance, a penalty of not less than an average penalty is imposed.Where there are both mitigating, and aggravating circumstances, a penalty is imposed according to their quantity and significance.
Administrative penalties may be accompanied by administrative measures: deprivation of special rights granted to the person; confiscation of property; obligation to participate in the prevention programmes (courses) of alcoholism and drug addiction, early intervention, health care, re-socialization, improvement of communication with children, change of violent behavior etc.; prohibition on attending public events.
The reduction or increase of an administrative penalty is justified by a ruling of a court or of a institution (officer) that examined the administrative offense case under out-of-court procedures, upon which the penalty is imposed.
A court or an institution (officer) that examined the administrative offense case under out-of-court procedures has the right to impose a lower fine than a prescribed minimum fine or to impose a milder administrative penalty or administrative measure or to refuse to impose administrative penalties or administrative measures.Such decision must be motivated.The decision of an institution (official) that examined the administrative offense case under out-of-court procedures is sanctioned by a judge of a district court.
Mitigating circumstances for liability for administrative offense
1)Offender admitted having committed an administrative offense and sincerely regrets it or helped to investigate it.
2)Offender has voluntarily compensated for losses or eliminated the damage.
3)Administrative offense was caused by very poor material circumstances of the offender.
4)Administrative offense was caused by mental or physical abuse.
5)Administrative offense was committed in violation of the conditions of the detention of a person who has prohibited the law, he performance of a professional duty or the task of a law enforcement institution, necessary need, justified professional or economic risks, legality of the scientific experiment.
6)Administrative offense was committed beyond the limits of necessary self-defense.
7)Administrative offense is committed with serious excitement caused by the unlawful actions of the victim.
8)Administrative offense was committed by a pregnant woman, provided that this circumstance affected the commission of the offense.
9)Administrative offense was committed by a person who has been assigned 0-40 per cent capacity to work or a high or middle special needs level or a person is 65 years of age.
10)Person agrees to participate in the prevention programmes of alcoholism and drug addiction, early intervention, health care, re-socialization, improvement of communication with children, change of violent behavior etc.
Fines imposed for traffic offenses
For speeding – from warning to a fine of up to EUR 550 with the deprivation of a right to drive vehicles for up to 6 months.
For stopping and standing failing to comply with the requirements of traffic rules – a fine of 30 to 90 EUR.
For driving without compulsory insurance – a fine of 50 to 100 EUR.
For driving a vehicle without state roadworthiness test – a fine of 30 to 40 EUR.
For violations of the use of safety belts – a fine of 30 to 50 EUR.
Failure to give the way to the police, ambulance or fire brigade, when they are driving with the emergency lighting and sound signals on – a fine from 90 to 140 EUR. The offense may impose the deprivation of a right to drive vehicles for the period of 2-4 months.
For talking on the phone without a hands-free equipment (except when the engine is switched off) – a fine from 60 to 90 EUR.
2017, 2018, and 2019 road traffic offense statistics
Violation of road traffic rules Number of people punished in 2017 Number of people punished in 2018 Number of people punished in 2019 Speeding 219084 268615 175912 Stopping and standing failing to comply with the requirements of traffic rules 83100 91423 112352 Driving of vehicles without compulsory civil liability insurance for owners and managers of vehicles 35495 46762 40868 Driving of vehicles without compulsory roadworthness test 8833 10627 11402 Violation of the use of safety belts 19374 21363 17905 Talking on the phone without a hands-free equipment (except when the engine is switched off) 18375 20028 19394 Failure to give the way to the police, ambulance or fire brigade, when they are driving with the emergency lighting and sound signals on 123 82 52
What will happen if I disregard an administrative order?
If an administrative offender refuses to comply with an administrative order, this order is deemed to be invalid and within five working days from the expiry of the set deadlines the protocol of administrative offense is forwarded to the court or submitted to the institution, the officer of which is authorized to examine administratively offense case under out-of-court procedures.
A person, to whom an administrative order is given, may address the officer who gives administrative offense protocol with the request not to include the administrative order in the protocol or to address the institution, the officer of which gave the administrative order, in writing with the request to annul the administrative order and, without waiting for the deadline to expire, to send the administrative order protocol to court for examination or to send it to the institution (officer) that will examine the administrative offense case under out-of-court procedures.
When an administrative order is not given and when a person requests not to include the administrative order, an administrative offense protocol is sent to the court within three working days from the moment of its conclusion or is submitted to the institution whose officer is authorized to deal with an administrative offense under out-of-court procedure.
What should I do if I broke traffic laws while driving another person’s car?
If an administrative offense was committed by another person, the owner (manager) of the vehicle must within thirty calendar days after the date on which the administrative offense protocol was sent, notify the institution whose officer identified the administrative offense in the manner specified by it of the data of the person (name, surname, personal number or date birth, place of residence, issue date, number and issuing authority of the document entitling to drive a motor vehicle) who at that time managed or used the vehicle belonging to the owner (manager) of the vehicle or, upon request of the institution, to arrive at the institution whose officer identified an administrative offense.A new administrative offense protocol with an administrative order is given to the person indicated by the owner (manager) of the vehicle, and the administrative offense protocol with administrative order given to the owner (manager) of the vehicle is declared invalid.
When the owner (manager) of a vehicle is a legal person, an administrative offense is reported to the head of this legal entity. The head of a legal entity or another person in charge must within three working days from the date of receipt of the notification of an administrative offense provide data (name, surname, personal number or date birth, place of residence, issue date, number and issuing authority of the document entitling to drive a motor vehicle) on the person who at that time used the vehicle belonging to the owner (manager) of the vehicle.An administrative offense protocol with an administrative order is given and sent to this person.
Bribe – what is it?
Bribe is any reward offered, promised or given to a police officer for the purpose of accepting a person-friendly decision.Not only money, but also various goods, services or other things are considered to be bribes.
A mere offer or promise to give a bribe for a police officer is enough to be subject to criminal liability.
No fine in cash can be paid to a police officer.Therefore, any giving or offer of cash to a police officer will be treated as a bribe.
By offering, promising or giving a bribe you may be prosecuted for up to 7 years’ imprisonment.
Having given a bribe, you will not be able to rest assured or up to 15 years that such data will not reach law enforcement and you will not be brought under suspicion.
Administrative order – what is it and when is it given?
Administrative order is an offer for a person recorded in the protocol of administrative offense within fifteen calendar days at his own discretion to pay a fine equal to half the minimum fine for an administrative offense committed by him.
An administrative order cannot be issued when:
1)For an administrative offense, a maximum fine of more than EUR 1500 was imposed.
2)Person made the same repeated administrative offense during the year.
3)Person committed an administrative offense being drunk or intoxicated with narcotic, psychotropic or other psychoactive substances, and this has affected the commission of an administrative offense, avoided inspecting for being drunk or intoxication, consumed alcohol, narcotic, psychotropic or other psychoactive substances after an accident before determining its circumstances.
4)Administrative offense caused a slight health disorder.In addition, an administrative offense caused property damage, which cannot be fully compensated.
5)Compulsory confiscation of property was determined for an act made by the person.
6)Person has committed two or more administrative traffic offenses related to traffic safety, the data of which have been obtained from stationary or mobile infringement recording systems.
7)Person committed an administrative offense concerning the exercise of a special right, without having this right or when he was deprived of this right.
HOW CAN I APPEAL AN ADMINISTRATIVE ORDER OR A RULING IN AN ADMINISTRATIVE OFFENSE CASE?
An administrative order is not open to appeal.
If the person has paid the penalty imposed in the administrative order within the prescribed time limit (if foreseen, after the return of the documents confirming the special right to the relevant institution, too), the administrative order is deemed to have been executed.
After an administrative order has been executed by a person, the case of an administrative offense is closed.
A ruling in an administrative offense case may be appealed to a district court based on the location of the institution.An appeal against an out-of-court ruling in an administrative offense case is filed through the institution which adopted the ruling or by electronic means of communication.The institution, within five working days, if the law does not set another term, forwards the appeal against the out-of-court ruling in the administrative offense case together with the case to the corresponding district court.
An appeal against an out-of-court ruling in an administrative offense case may be filed within twenty calendar days from the day of dispatch or issue of a copy of the copy (duplicate) of ruling.