The Seimas has yet to find a consensus on the register of sex offenders

The Law and Order Committee of the Seimas decided to make a second break in the consideration of this issue, thus providing an opportunity to amend the draft once again.

“We are determined to amend the draft, to once again discuss with the best specialists in criminal and constitutional law about what can be changed so that there are no more provisions that contradict the Constitution in the law”, – the author of the draft, Lithuanian Peasants’ and Greens’ Union of the Seimas (LVŽS) faction member Rimantė Šalaševičiūtė.

A conservative member of the Law and Order Committee of the Seimas supports the initiative Andrius Vyšniauskas had comments on legal technicalities.

“We are trying to create a new register when there is a Register of Suspects, Accused and Convicted,” he said. The parliamentarian proposed to consider the possibility of expanding this registry to sexual crimes as well.

A. Vyšniauskas did not rule out that other data could appear there in the future, e.g. on corruption crimes.

The register is proposed to be composed of two databases: limited access and public register

In order to prevent sexual crimes, the draft law proposes 3 specific measures. These would include a restricted access register, a public register and a sex crime hotspot map.

The limited-access database would collect data on individuals suspected of or convicted of sex crimes or misdemeanors against children. It is proposed to collect data on those convicted of such crimes in the public database. These would be personal identifying data – country of birth, surname, first name, mother’s maiden name, name of the area where this person lives, date of announcement and entry into force of the sentence, photos of the convicted person.

Courts and other law enforcement authorities, as well as employers, other legal entities and natural persons should have the right to receive information about a person registered in a limited access database before allowing a person to work with minors.

Members of the Seimas The draft law initiated by R. Šalaševičiūtė also provides that the General Police Commissioner of the Ministry of Internal Affairs will create and manage a sexual crime risk map. It would provide up-to-date data on places where there is a particularly high risk of crimes against sexual freedom and self-determination.

It is proposed that this map be published to the public on the website of the Police Commissariat. It is hoped that such a map will help ensure the safety of children and have a preventive value.

Seimas lawyers: contradict the Constitution

After evaluating the second improved version of the draft law, the Seimas Law Department again found provisions contrary to the Constitution.

“The occurrence of consequences for a person is not associated with the proof of his guilt, the adoption of a guilty verdict and the occurrence of a criminal record, as provided by the provisions of the Basic Law on the Protection of Child Rights and the Law on Education, but simply with the initiation of a pre-trial investigation or a criminal case. (…) It is conceivable that the proposed provision would possibly contradict the principle of presumption of innocence enshrined in the Constitution”, says the conclusion of the Seimas Law Department.

Seimas lawyers also criticize the fact that data on persons against whom the criminal proceedings would be terminated would not be deleted from the limited access register, but would continue to be processed.

“Failure to delete the data of such a person from the register, the disposal of this data, as well as the control of such persons, would negatively influence the reputation of persons, their choice and opportunity to work, as well as other restrictions that should be applied exclusively to convicted persons. Thus, such a person, in the absence of a guilty verdict against him, would have the same consequences as a convicted person”, say the lawyers of the Seimas. In their opinion, such regulation would contradict the principle of the rule of law and the Constitution.