Administrative penalties in Lithuania

Administrative penalties and their purpose

Administrative penalties are sanctions of a repressive and coercive nature, intended to punish the offender of the law. By applying these measures, the person concerned loses certain rights or freedoms, material values, or faces other legal restrictions and limitations.

Penalties must be imposed lawfully and fairly, in compliance with the general requirements established by legislation in Lithuania (in the Republic of Lithuania). A penalty for an administrative offence is imposed within the limits set by the normative act that provides for liability for the committed offence, strictly following the Code of Administrative Offences of the Republic of Lithuania and other acts on administrative violations. When imposing a penalty, the nature of the offence, the personality of the offender, and mitigating or aggravating circumstances are taken into account.

Mitigating circumstances – circumstances that reduce legal liability for committing an offence (a crime or an administrative offence). If an offence or crime is committed and mitigating circumstances are revealed, the penalty may be reduced. The decision to mitigate the penalty rests with the judge or the authority imposing the penalty.

Aggravating circumstances – circumstances under which, for an offence or crime committed, the strictest penalties provided by law may be applied. When an offence or crime is committed, the judge or the competent authority, taking into account the aggravating circumstances, may impose higher or even maximum penalties provided by law. The right to determine the extent of the penalty increase belongs to the judge or the authority imposing the penalty.

Mitigating circumstances of liability for an administrative offence are as follows:

1. the offender sincerely repents, helped to clarify the offence and identify the persons involved;
2. the offender voluntarily compensated the damage or remedied the harm caused;
3. the offence was committed due to the offender’s very difficult financial situation;
4. the offence was committed under mental or physical coercion;
5. the offence was committed under conditions of necessity;
6. the offence was committed while exceeding the limits of necessary defence;
7. the offence was committed under strong emotional disturbance caused by unlawful actions of the victim;
8. the offence was committed by a minor;
9. the offence was committed by a pregnant woman;
10. the offence was committed by a disabled person (group I or II) or a person aged 65 years or older.

Aggravating circumstances of liability for an administrative offence in Lithuania are as follows:

1. the offence was committed by a group of persons. The authority (official), taking into account the nature and degree of participation of each individual in the offence or assistance in clarifying the circumstances of the offence, may decide not to treat this circumstance as aggravating;
2. the offence was committed out of hooligan motives;
3. the offence was committed by taking advantage of a natural disaster or accident;
4. the offence caused serious consequences or significant material damage;
5. within one year, the same type of offence was committed again, for which the person had already been subject to an administrative penalty in Lithuania (in the Republic of Lithuania);
6. the offence was committed by a person who had previously committed a crime;
7. a minor was involved in the offence;
8. the offence was committed by a person under the influence of alcohol, or by persons intoxicated with narcotic, psychotropic, or toxic substances. The authority (official) imposing the administrative penalty, depending on the nature of the offence, may decide not to treat this circumstance as aggravating.