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Article 114: No Interference; Immunity of Judges

Chapter IXMedium

Constitution Text

“Interference by any institutions of state power and governance, Members of the Seimas or other officials, political parties, political or public organisations, or citizens with the activities of a judge or court shall be prohibited and shall lead to liability provided for by law. Judges may not be held criminally liable or be detained, or have their liberty restricted otherwise, without the consent of the Seimas or, in the period between the sessions of the Seimas, without the consent of the President of the Republic of Lithuania.”

Summary

Interference by state institutions, Members of the Seimas, officials, parties, organisations or citizens with the work of a judge or court is prohibited and leads to liability under the law. A judge may not be held criminally liable or detained without the consent of the Seimas or, between Seimas sessions, of the President.

Key Points

  • •Interference by any institution, official, party, organisation or citizen with the activities of a judge or court is prohibited.
  • •Such interference leads to liability provided for by law.
  • •A judge may not be held criminally liable, detained or otherwise have their liberty restricted without the consent of the Seimas.
  • •Between sessions of the Seimas, that consent is given by the President of the Republic.

Practical Example

If a judge is suspected of a crime, prosecutors must first obtain the consent of the Seimas (or of the President between sessions) to prosecute. A politician who calls a judge to press for a particular ruling is liable under the law.

Exam Tips

The exam asks whose consent is needed to detain a judge: the Seimas, or the President between sessions. Compare with the immunity of Members of the Seimas (Article 62).

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