The parliamentarian prepared and registered the corresponding amendments to the Criminal Code.
V. Gailius emphasizes that the protection of information constituting state and service secrets is one of the essential guarantees of national security, defense, and the constitutional order.
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“A pre-trial investigation may require quick decision-making to protect information constituting a state or service secret, to prevent the possibility of its use in continuing a possibly initiated or newly committed criminal offense,” the explanatory note of the project states.
According to the Member of the Seimas, during the criminal prosecution, sufficient data may be collected not only to reasonably doubt a person’s reliability and loyalty to the Lithuanian state but also to see a real threat that the person, continuing to have access to classified information, will use it to continue or commit new criminal offenses, obstructing the criminal process.
According to the proposal, the pre-trial investigation judge, upon receiving the prosecutor’s request, would have the right not only to temporarily suspend the suspect from duties but also to temporarily suspend their right to work with or access classified information if this is necessary to investigate the criminal offense more quickly and impartially and to prevent the suspect from committing new criminal offenses.
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Like suspension from duties, the suspension of the right to work with or access classified information could not last longer than six months. However, if necessary, it could be extended for up to three more months. The number of extensions is unlimited.
The liberal emphasizes that the temporary suspension of the right to work with classified information would not automatically revoke the permit issued to the person – such a person would only be temporarily restricted from using it and only for the period necessary to achieve the goals of the criminal process and ensure the protection of classified information.
Currently, national legislation does not provide for the institution of suspending the right to work with or access classified information at all.
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