Policy OLAF BT

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The preventive role of the judiciary in protecting the financial interest of the European Union.
A comparative analysis for improved performance
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- False coins, public credit cards, stamp values, and instruments or marks of recognition
- Crimes against industry and commerce
- Corporate crimes
- Crimes of terrorism or to distort the democratic order
- Market Abuse
- Receiving, recycling and use of money, goods or utilities of illicit origin: money laundering
- Induction not to make statements or to make false statements to the judicial authority.
3.3.3. The Lithuanian case
In principle criminal liability of legal entities in the Lithuanian criminal law was established with the
amendments of the Criminal Code of the Republic of Lithuania in 2000 and came into force in 1 May
200325. According to article 20 of the Criminal Code, a legal entity is held criminally liable for the criminal
offences committed by natural persons only when:
a. a natural person, operating individually or on behalf of the legal entity, commits a criminal act to the
benefit or in the interest of the legal entity;
b. has the right to represent the given legal person; or make decisions on behalf of it; or control its
activity.
c. crime in question has been perpetuated as a result of directions from or due to insufficient
supervision or control by the persons mentioned above.
Legal entities may also be held liable for criminal acts committed by another legal entity that is under its
control and that acts as its representative, if such acts are committed for the benefit of the former legal
entity under its instruction or permission or due to insufficient supervision. Criminal liability of a legal
entity does not eliminate criminal liability of a natural person.
Out of the 262 criminal offences defined in the Lithuanian Criminal Code in total, for 127 both natural
persons and legal entities may be held criminally liable. The most relevant criminal acts in the context of
this study include:
- crimes and misdemeanours against property, property rights and property interests – most of
Chapter 28 of Criminal Code (including swindling, match fixing, misappropriation of property,
squandering of property, acquisition or handling of property obtained by criminal means, illicit
enrichment, etc.);
- crimes against the security of electronic data and information systems – most of Chapter 30 of
the Criminal Code (illegal data or information system interference, unlawful disposal of electronic
data and devices);
- crimes and misdemeanours against the economy and business order – most of Chapter 31 of the
Criminal Code (including smuggling, deceit of the customs, etc.);
- crimes and misdemeanours against the financial system - nearly the entire Chapter 32 of the
Criminal Code (including fraudulent / negligent management of accounts, production of
counterfeit currency or securities, legalisation of property obtained by criminal means, trade in
securities by using non-public (insider) information, failure to pay taxes, etc.);
25 Criminal Code of the Republic of Lithuania, No. VIII-1968, access online
last accessed 30/06/2017).