Home > 2.4 Complaints and appeals > LITHUANIA - Law on Elections to the Seimas
 
 
 
Download file    
 
 
Article 98
 



Loss of the Mandate of Seimas Member because of the Collaboration with the Special Services of other States, and Earlier Conviction which Has Not Been Disclosed to the Voters


1. Each candidate for of Seimas member must make a public disclosure of his deliberate collaboration with the special services of other states, provided that he was not thereby carrying out the assignments of the Republic of Lithuania. He shall indicate this fact in the questionnaire for a candidate for Seimas member. An election poster of a candidate for Seimas member, issued by the Central Electoral Commission, as well as a poster with the list of candidates must containthe following notice beside the surname of the candidate: “Has deliberately and not on the instruction of the Republic of Lithuania collaborated with the special services of another state”.








2. If the candidate fails to indicate this and there is a valid court sentence which has established a fact having juridical meaning (or this fact has been confirmed by the candidate himself in the manner prescribed by law) that he with full awareness collaborated with the special services of other states which was not related to carrying out the assignments of the Republic of Lithuania, the Central Electoral Commission shall not register him; where it has already registered him a candidate for Seimas member, the Central Electoral Commission shall immediately cancel his registration as a candidate for Seimas member. If the candidate has not indicated it and after the election to the Seimas his deliberate collaboration with the special services of other states which was not related to carrying out the assignments of the Republic of Lithuania is proved according to the procedure established by law, his Seimas member powers shall be lapse from that day.


3. Each candidate for Seimas member must make a public disclosure that under the conviction of the court of the Republic of Lithuania, which became effective after 11 March 1990, he was found guilty for committing a criminal act or under the effective court conviction was found guilty for committing a serious or a grave crime at any time. He shall indicate this fact in the questionnaire for a candidate for Seimas member, regardless of the fact whether the conviction has expired or has been expunged. When furnishing the abovementioned information, the person must indicate in the questionnaire for a candidate for Seimas member the state (place) of adoption of the conviction (decision), the name of the institution which adopted the said conviction (decision), the date of the adoption of the conviction (decision) as well as the criminal act for the committing of which the person was sentenced. It shall not be necessary to specify the information, if the person was found guilty by the occupation regime’s court of a crime against the State. When providing the information referred to in this paragraph, the questionnaire of a candidate for Seimas member shall also specify that the person was found guilty by the court’s conviction of the criminal act which has been later decriminalized or that the person was found guilty by a foreign state’s court of the act which is not considered to be a crime under the law of the Republic of Lithuania or the prosecution for which is considered to be political persecution. An election poster of a candidate for Seimas member, issued by the Central Electoral Commission, as well as a poster with the list of candidates must contain the following notice beside the name of the candidate: “Has been found guilty of the criminal act by the court’s conviction"; such a note shall not be obligatory if the candidate for Seimas member has provided in the questionnaire the information that he was found guilty by the occupation regime’s court ofthe crime against the State or he has justly indicated that he was found guilty by the decision of the court of the criminal act which was later decriminalized or when the person was found guilty by a foreign state’s court of the act which is not considered to be a crime under the law of the Republic of Lithuania, or the prosecution for which is considered to be political persecution.








4. If the candidate has not indicated this fact and there is a sentence of the court of the Republic of Lithuania which came into effect after 11 March 1990 and which found the person guilty for committing a criminal act or there is a court sentence which found the person guilty for committing a serious or a grave crime at any time, the Central Electoral Commission shall not register such person as a candidate for Seimas member, and if the Committee has already registered him, it shall immediately cancel his registration as a candidate for Seimas member. If the candidate failed to disclose this fact and, following the elections to the Seimas, it has been established that there is a sentence of the court of the Republic of Lithuania effective after 11 March 1990 which found the person guilty for committing a criminal act or there is the court sentence which found the person guilty for committing a serious or a grave crime at any time, the Central Electoral Commission shall, within 15 days, submit copies of the court sentence and the questionnaire of a candidate for Seimas member to the Seimas of the Republic of Lithuania for the Seimas to adopt a decision to initiate impeachment proceedings.