How long can detention on remand be applied as a security measure?
Trial within reasonable time
Human rights require that you be tried within a reasonable time or otherwise released whilst waiting for the trial. In Lithuania, the time that you can be held detained during the pre-trial investigation is stated in the Code of Criminal Procedure: 6 months for adults and 4 months for juveniles. Your detention must not exceed the time periods clearly stated in law.
Exceptions
During the pre-trial investigation these maximum time limits can be extended in only some situations by a regional court. However, even in these exceptional situations the maximum detention term during the pre-trial investigation cannot exceed 18 months for adults and 12 months for juveniles. The reasons of such extension are detailed in the Code of Criminal Procedure.
However, if your trial has already started the above general and extended limits do not apply, and the detention can generally be extended for longer periods. The maximum allowed term you can be detained in the whole criminal proceedings (both the pre-trial investigation and trial combined) is two thirds of the maximum sentence for the crime you are suspected are accused of. Under no circumstances can you be detained on remand for a longer time.
Reasoned decision
Every time an investigative judge or the court prolongs the period of your detention on remand, the decision has to explain and justify in detail why in your case specifically it is still necessary to keep you detained. If the decision does not give detailed and case-specific reasons, it may result in a violation of your rights.
What human rights violation may there be?
Prolonged detention on remand in violation of the time limits stated in law may result in a violation of the right to liberty and security of a person.