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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- crimes and misdemeanours against the civil service and public interests – most of Chapter 33 of
the Criminal Code (usually referred to in practice as ‘corruption offences’ - bribery, trading of
influence, graft, abuse of powers);
There is no definition of corruption crimes in the Lithuanian Criminal Code, even though it criminalizes
offences that are in theory classified as corruption crimes. Separately, corruption related crimes are
defined in the Law on Corruption Prevention26 as follows: “Corruption-related criminal acts shall mean
taking bribes, receiving bribes via an intermediary, offering bribes, and other criminal acts committed in
the pursuit of private or other persons’ advantage in the public administration sector or by providing public
services, namely the abuse of office or exceeding one’s authority, abuse of one’s authority, tampering with
official records and measuring devices, fraud, misappropriation or embezzlement of property, disclosure
of an official secret, disclosure of a commercial secret, misrepresentation of information about income,
profit or property, legitimization of the proceeds of crime, interference with the activities of a public
servant or a person discharging public administration functions, or other criminal acts, if these acts are
committed with the aim of seeking or demanding a bribe, offering a bribe, or concealing or covering up
the act of taking or offering a bribe.”
Money laundering is criminalized in Criminal Code art. 216 - ‘legalisation of property obtained by criminal
means’ and partly in Criminal Code art. 213 – ‘production, storage or handling of counterfeit currency or
securities’. Fraud is criminalized in Criminal Code art. 182. – “Swindling”.
There is no separate category of crimes against the financial interests of the EU in the Lithuanian Criminal
Code. However, in practice, this does not preclude the Prosecution or the Financial Crimes Investigation
Service (the local OLAF focal point) from investigating any crime that is related either to the financial
interests of Lithuania – or the EU. This is also highlighted in the 2017 – 2020 strategy of the Prosecution27
and, naturally, the Financial Crimes Investigation Service implements the OLAF policy in the field.
3.3.4. The Romanian case
In Romania, legal persons may be held liable for criminal offences committed by any person acting either
individually on their behalf or as a member of a management body (board) of the legal person, by
managers, decision makers within the legal person or by any person with control over the decisions of
the legal person. Moreover, a legal person may be held liable where the lack of supervision or control has
been the cause or the condition of offences perpetrated by a natural person under its authority on behalf
of the given legal person.28
26 Law on Corruption Prevention of the Republic of Lithuania, No. IX-904, access online (in Lithuanian):
(last accessed 30/06/2017).
27 Access online (in Lithuanian):
last accessed 30/06/2017).
28 The Romanian Criminal Code, art. 135. The assessment made in this country report is based on the literature
review of publications on the criminal liability of legal persons as follows:
- Maria D. COSTIN. 2010. Răspunderea persoanei juridice în dreptul penal român , Bucharest: Universul
Juridic;
- Andra-Roxana TRANDAFIR-ILIE. 2013. Răspunderea penală a persoanei juridice – Jurisprudența rezumata
şi comentata, Bucharest: C.H Beck;
- Andra-Roxana TRANDAFIR-ILIE. 2015. “Răspunderea penală a persoani juridice” in Superior Council o
Magistracy and National Institute of Magistracy, Conferințele Noului Cod Penal. Bucharest;
- Anca JURMA. 2010. Persoana juridică - subiectiv activ al răspunderii penale, Bucharest: C.H. Beck.