HISTORY OF THE PROSECUTION SERVICE
Beginning of the development of the Prosecution Service
The 16th of January 1919 could probably serve as the reference point of the formation of an independent prosecutor’s office of Lithuania. On this day, the Provisional Law on the Courts of Lithuania and Organization of Their Work was promulgated. This law stipulated that ‘State Advocates (Procurators) and their assistants shall act under every regional court and the Supreme Tribunal.’ This provision signified the beginning of an autonomous development of important law enforcement authority - the prosecutor’s office. Even the Minister of Justice, Mr. Petras Leonas, in an explanatory circular on the law, declared that ‘many institutions within the system of judicial power are not established at first, until they are actually proved to be necessary’. In February 1919 (no documents confirming a more precise date of appointment were found), the lawyer Kazys Samajauskas was appointed as State Advocate. He held this position for a little bit more than one month. Rapolas Skipitis, who was appointed as State Advocate under Kaunas Regional Court on 6th of March 1919, writes: ‘For some time, I was the only State Advocate for the entire Lithuania because Marijampolė Regional Court with a subordinate prosecutor’s office was organized afterwards, while the Regional Courts of Šiauliai and Panevėžys with respective prosecutor’s offices were organized even later. After some time, the Military Court was established, too. Besides, I had to hold the position of the prosecutor of the Supreme Tribunal’. (Skipitis, R. Building an Independent Lithuania. Chicago, 1961) R. Skipitis acted as State Advocate until 18th of June 1920, i.e. until the day he was appointed as the Minister of Interior. In the book titled ‘Lithuanian Court. 1918-1928’, the Chairman of the Supreme Tribunal, Antanas Kriščiukaitis, writes: ‘These times were the most troubled period of the development of the prosecutor’s office’. In February 1921, the Prosecutor’s Office of the Supreme Tribunal started to work independently. At that time, Jurgis Kalvaitis was appointed as the State Advocate of the Supreme Tribunal. During the interwar years in Lithuania, pursuant to the requirements of the Law on the System of Courts (1933), the State Advocate institution was renamed the Prosecutor’s Office. The said Law, which came into force on 15th of September 1933, stipulated as follows (Art. 262): ‘The Minister of Justice shall act as the Supreme Prosecutor of the Republic. He shall preside over the prosecutors and their assistants of the Supreme Tribunal, Chambers of Appeal, and regional courts, and supervise them’. Prosecutors and their assistants were appointed and dismissed from office by the President of the Republic, upon the motion of the Minister of Justice. A person could be admitted to service at the prosecutor’s office and appointed to the post of the prosecutor or the prosecutor’s assistant provided that he had reached the age of 25, obtained higher education, had specific work experience, and had passed the required exams. Prosecutor‘s Offices were formed under the Regional Courts, Chambers of Appeal and Supreme Tribunal. District Prosecutor controlled the activities of the district court prosecutor’s assistants. Prosecutor of the Chambers of Appeals controlled the activities of the district court prosecutors and their assistants. Prosecutor of the Supreme Tribunal were under the control prosecutors and their assistants of the district court as well as of the Chambers of Appeal.
Prosecutor’s Office during the period of occupation
After the occupation of 1940 followed by annexation, the prosecutor’s office and interrogative apparatus were urgently reorganized according to the example of the system of prosecution bodies of the USSR. Already on 1 July 1940 by the act of Justas Paleckis, acting president of the Republic of Lithuania, i.e. way before incorporation of Lithuania into the USSR, majority of the central and territorial management of the prosecution system were dismissed from their posts. During the period of occupation (1940-1990) the Regulations of the Prosecutor’s Office of the RSFSR and USSR were in force as well as prosecutors delegated by Moscow.
Prosecutors of the Lithuanian SSR:
Vladas Niunka (1940-1944)
Michail Baliasnikov (1944-1948)
Georgij Bacharov (1948-1957)
Viktoras Galinaitis (1957-1969)
Alfonsas Kairelis (1969-1982)
Arsenijus Novikovas (1982-1987)
Liudvikas Sabutis (1987-1989)
Vidutis Barauskas (1989-1990)
Prosecutor’s Office after restoration of independence of Lithuania
After the independence of Lithuania was restored on 11th of March 1990, the Supreme Council of the Republic of Lithuania – the Reconstituent Seimas – in its seventeenth session of 22nd of March 1990 considered the issue of the appointment of the national prosecutor. The parliamentary Commission of Legal System stressed the necessity of changing former Soviet doctrine of prosecutorial supervision (i.e. defending the State against an individual) into a different one – defending an individual and a citizen against the State. On 30th of March 1990, national prosecutors gathered together inside the building of the Prosecutor General’s Office, located at 4 A. Smetonos Str. (the then N. Gogolio Str.) in Vilnius, and, by a unanimous voice, pledged their loyalty to the laws of Lithuania. The attempts of the emissaries from a foreign state (USSR), who arrived in Vilnius at that time, with the intention of restoring the obedience of Lithuanian prosecutors and their dependence on Moscow by deceit and violence, were unhesitatingly declined. Today this date is commemorated as the Day of the Prosecutor’s Office every year.
On 23rd of March 1990, Artūras Paulauskas was appointed as the Prosecutor of the Republic of Lithuania. On 27th of July 1990, the Parliament adopted the Law on the Amendment and Supplementation of the Provisional Fundamental Law of the Republic of Lithuania. Since then, the head of the prosecutor’s office has been named as the Prosecutor General of the Republic of Lithuania.
Procedure of the organization of the prosecutor’s office and its activities were formulated in the Law of the Republic of Lithuania on the Prosecutor’s Office – the first such document in the history of the national prosecutor’s office came into force on 27th of August 1990.
Prosecutor Generals of the Republic of Lithuania:
Artūras Paulauskas (1990-1995)
Vladas Nikitinas (1995-1997)
Kazys Pėdnyčia (1997-2000)
Antanas Klimavičius (2000-2005)