Part 2 - https://korenevskiylt.blogspot.com/2022/12/pilot-2.html?m=1 ;
Part 3 - https://korenevskiylt.blogspot.com/2022/12/pilot-2-notification-of-crimes.html?m=1 ;
Addendums - https://korenevskiylt.blogspot.com/2023/01/pilot-4-addendums.html?m=1.
Answer from Special Service of the Republic of Lithuania, Original document:
Answer from Special Service of the Republic of Lithuania, English:
Geraldic of Lithuania.
Special Service of the Republic of Lithuania.
Budgetary institution, A Jaksto g.6, LT-01105 Vilnius, telefon 8 706 63 335, email: dokumentai@stt.lt .
The data is collected and stored in the Register of Legal Entities, code 188659948.
to Konstantin Korenevskij
El.p. korenevskiy.lt@gmail.com
2023-01-
Nr. 4-01-
ABOUT CONSIDERING THE CONSIDERATION OF NOTICE, REGISTRATION NUMBER 5-01-207
The Special Investigative Service of the Republic of Lithuania (hereinafter referred to as the SIS) received your message (SIS registration number 5-01-207) dated 09.01.2023, which sets out the circumstances related to the actions of Rietavas municipality employees, criminal actives of the administration of self-government of Rietavas, unpaid benefits and your lost funds.
We thank you for your trust and inform you that:
1. The State Investigative Service (SIS) is a pre-trial investigative body that, in accordance with the competence granted to it by the laws of the Republic of Lithuania and other legal acts, investigates and identifies criminal acts of a corrupt nature prepared, committed or executed by civil servants and persons equivalent to them (interference, trading in influence, bribery, other criminal acts if they are committed in the sphere of public administration or in the provision of public services in the interests of themselves or other clouse them persons), and also performs other tasks established by the SIS in laws and other legal acts.
2. Having examined the circumstances indicated in your report and in the absence of specific objective factual data that could be regarded as evidence of the commission of criminal acts of a corrupt nature, we are currently unable to make a decision in accordance with the procedure established by the Criminal Code of the Republic of Lithuania (hereinafter referred to as the CPC) (on the initiation or refusal to initiate a pre-trial investigation).
3. According to Article 1, Part 1 of the Criminal Procedure Code, the purpose of criminal proceedings is the prompt and thorough detection of criminal acts in order to protect the rights and freedoms of individuals and citizens, the interests of society and the state, and the proper application of the law, ensuring that the perpetrator of a criminal act is justly punished and that no innocent person is convicted. A pre-trial investigation should only be initiated on the grounds established in Article 166 of the Criminal Procedure Code, that is, upon receipt of a complaint, statement, or report of a criminal act, or upon independent identification of elements of a criminal act by the prosecutor or investigator.
Information provided to law enforcement agencies about a possible criminal act must be based on objective evidence that provides grounds to believe that such a criminal act may have actually been committed. According to judicial practice, a pre-trial investigation should begin not on the basis of a subjective assessment of the situation, but rather upon the presence of objective circumstances indicating the commission of a criminal act.
Criminal prosecution is an exceptional measure and should therefore only be initiated if grounds and elements of a criminal offense are present. Otherwise, initiating a pre-trial investigation without sufficient legal grounds may be considered an unacceptable restriction of human rights.
4. We clarify that SIS, within the scope of its legal competence, does not have the right to instruct government agencies, investigative bodies and/or other persons to make specific decisions and/or take actions with respect to you. If the actions/inactions and decisions of a government body violate your rights or legitimate interests or the interests of others, such actions/inactions and decisions may be appealed in accordance with the procedure established by law. Article 3 of the Law of the Republic of Lithuania on Administrative Proceedings establishes that the administrative court resolves disputes in public administration. The court determines whether any legislation or other legal act has been violated in a particular case, whether a state institution has exceeded its competence, and whether a legal act or action (or inaction) is contrary to the goals and objectives for which the institution was established and empowered. In accordance with Article 17, Part 1, Paragraphs 1, 2 and 3 of the Law of the Republic of Lithuania on Administrative Proceedings, administrative courts shall make decisions on cases concerning:
1) the legality of legal acts and actions (inactions) taken by a government body, as well as the delay of these bodies in performing actions within their competence;
2) the legality of legal acts and actions (inaction) taken by self-governing administrative bodies, as well as the delay of these bodies in performing actions;
3) compensation for damage caused by unlawful actions of a public administration body (Article 6.271 of the Civil Code of the Republic of Lithuania).
Article 5, Part 1 of the Law of the Republic of Lithuania on Administrative Proceedings establishes that every interested person has the right to apply to the court in the manner prescribed by law to protect his or her violated or disputed right or interest protected by law.
5. SIS, in order to help you understand your rights and obligations and properly exercise them, reminds you that, in accordance with Article 11(1) of the Law of the Republic of Lithuania on State-Guaranteed Legal Aid, every citizen of the Republic of Lithuania has the right to receive primary legal aid. Primary legal assistance guaranteed by the state is the provision of legal information, legal consultations, or the preparation of documents intended for state and municipal institutions. Primary legal assistance includes the preparation of procedural documents specified in Article 15(7) of this Law, as well as consultations on out-of-court dispute resolution, actions for amicable dispute resolution, and the preparation of a settlement agreement, but does not include the filing of tax returns. Persons wishing to receive primary legal assistance have the right to contact the executive body of the municipality in which they reside (head of the municipal administration, deputy head of the municipal administration). All information about where, to whom, and how state-guaranteed legal aid is provided is available on the website www.vgtpt.lrv.lt. You also have the right to seek legal assistance from the Bar Association. Free legal assistance is available at the Vilnius University Law Clinic, located at Vilnius Street 25, Vilnius. You can book a consultation by email at info@teisesklinika.lt, online at https://teisesklinika.lt/registracija/ or by phone at +370 670 25 165. Information on free legal consultations can also be found online at https://www.renkuosilietuva.lt/lt/nemokama-teisine-pagalba/.
The Prosecutor's Office oversees the procedural activities of the Special Investigative Service, and every person has the right to defend their violated rights and legitimate interests by appealing to the court.
Head of Notification Processing Department Mikas Bukauskas.
Karolina Vaitkeviciene, tel. (8 706) 63 369, email: karolina.vaitkeviciene@stt.lt
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