4. IntroIntro (1)(1)
Police Department under the Ministry of the Interior
of the Republic of Lithuania is designated as a
competent authority to perform the functions
mentioned in Article 35 of the Convention on
Cyber Crime.
The direct executor – Cyber Crime Investigation
Board of the Lithuanian Criminal Police Bureau
Contacts: cyberpolice@policija.lt
5. Police Department &Police Department &
Lithuanian Criminal Police BureauLithuanian Criminal Police Bureau
6. Cyber Crime Investigation BoardCyber Crime Investigation Board
CCIB main functions:
Cyber-intelligence
Pre-trial
Investigations
(of hacking, phishing, carding,
swindling, child pornography
and other crimes committed
in cyber space)
The Head of the Board
Markas Marcinkevičius
7. IntroIntro (2)(2)
Mykolas Romeris University – leading social
science and police training institution
Dept. of E-Business – legal, administrative and
business matters related to cyberspace
Working on cybercrime matters as of 1995
Actively engaged in cybercrime legislation
Enforcement capacity projects
9. Specific Cyber CrimeSpecific Cyber Crime
Crimes against security of electronic data
and information systems):
– Articles 196-198(2)
of the Criminal Code
introduced as of 26 September 2000 include:
• unlawful influence (interference) on electronic data
• unlawful influence (interference) on an information
system
• unlawful interception and use of electronic data
• unlawful connection to an information system
• unlawful disposal of installations, software,
passwords, login codes and other data
10. Non Specific CybercrimeNon Specific Cybercrime
Non specific cybercrime (where internet
was a tool or means)
Almost any criminal act aided by internet
or by other telecomunication technologies
Crimes pertaining to intellectual property
are separate
There is some overlap between crimes
and administrative violations
13. DominantDominant CCyberyber CCrimesrimes
in Lithuaniain Lithuania
– Incitement against Any National, Racial, Ethnic,
Religious or Other Group of Persons
– Creation and Activities of the Groups and Organisations
Aiming at Discriminating a Group of Persons or Inciting
against It
– Swindling
– Production of a Counterfeit Electronic Means of
Payment, Forgery of a Genuine Electronic Means of
Payment or Unlawful Possession of an Electronic
Means of Payment or Data Thereof
– Unlawful Use of an Electronic Means of Payment or Data
Thereof
14. SpectrumSpectrum of Cof Cyberyber CCrimesrimes in Lithuaniain Lithuania
Crimes
(art. of Criminal Code)
2005 2006 2007 2008 2009 2010
Jan-Oct
Libel (154) 5 6 5 8 15 11
Insult (155) 1 2 6 4 1
Child Porn (162) 19
Rasism and Xenophobia (170) 1 12 66 23 90
Swindling (182) 9 4 47 14 134 43
Unlawful Interception and Use of
Electronic Data (198)
7 4 4 5 13 18
Counterfeit means of payment (214) 1 2 24 2
Use of means of payment (215) 1 4 28 12 72 137
15. Still small part of the totalStill small part of the total
Swindling and payment fraud:
3076 total cases in 2008
4540 cases in 2009
22. CyberCyber CCrime trendsrime trends
in Lithuaniain Lithuania
Number of criminal acts, where internet was
used as a mean, is consistently increasing
Year Number of crimes
2005 33
2006 33
2007 113
2008 139
2009 310
2010
(Jan-Oct)
340
24. Latency ofLatency of CCyberyber CCrimerime
Provided statistics is about open investigations (not
actual convictions)
Research suggests that in some areas latency is
80% or more
E.g. in cases of electronic swindling conviction rate is
only 1%
Financial institutions are very hesitant to work with
police due to possible leaks and image
Some activities are not criminalized (e.g. id theft),
some are treated as administrative violations
25. CyberCyber CCrime trendsrime trends
in Lithuaniain Lithuania
Sex of
Criminals
Number of Crimes committed using the internet
as a tool or a mean
2005 2006 2007 2008 2009
2010
(Jan-Oct)
Males 14 3 16 17 34 14
Females 4 1 3 3 3 9
Increasing of cyber crimes feminization!
27. OrganizedOrganized CCyberyber CCrimerime
in Lithuaniain Lithuania (2)(2)
Form of Complicity
Number of Crimes, committed by
accomplices using the internet as a tool
or a mean
2005 2006 2007 2008 2009
2010
(Jan-Oct)
Group of
Accomplices
(Paragraph 2 Article 25 of CC)
2 2 3 - 20 62
Organised Group
(Paragraph 3 Article 25 of CC)
- 2 1 - 31 -
Criminal Association
(Paragraph 4 Article 25 of CC)
- - - - - -
30. Legal frameworkLegal framework
for internationalfor international
co-operationco-operation
Republic of Lithuania joined the
Cybercrime Convention as of January 22,
2004
Joined additional protocol as of June 8,
2006
32. Future perspectivesFuture perspectives
Need for additional enforcement capacity
in Lithuania
Need for immediate exchange of
information (joint database)
Sanctions need to be increased
More activities need to be criminalized
(e.g. domain squatting and cloaking)
Perspective for pan-Baltic enforcement
network?
CHAPTER XXX
CRIMES AGAINST SECURITY OF ELECTRONIC DATA AND INFORMATION SYSTEMS
Article 196. Unlawful Influence on Electronic Data
1. A person who unlawfully destroys, damages, removes or modifies electronic data or a technical equipment, software or otherwise restricts the use of such data thereby incurring major damage
shall be punished by community service or by a fine or by imprisonment for a term of up to four years.
2. A person who commits the act provided for in paragraph 1 of this Article in respect of the electronic data of an information system of strategic importance for national security or of major importance for state government, the economy or the financial system
shall be punished by a fine or by arrest or by imprisonment for a term of up to six years.
3. A person who commits the act provided for in this Article thereby incurring minor damage shall be considered to have committed a misdemeanour and
shall be punished by community service or by a fine or by restriction of liberty or by arrest.
4. A legal entity shall also be held liable for the acts provided for in this Article.
Article 197. Unlawful Influence on an Information System
1. A person who unlawfully disturbs or terminates the operation of an information system thereby incurring major damage
shall be punished by a fine or by arrest or by imprisonment for a term of up to four years.
2. A person who commits the act provided for in paragraph 1 of this Article in respect of an information system of strategic importance for national security or of major importance for state government, the economy or the financial system
shall be punished by a fine or by arrest or by imprisonment for a term of up to six years.
3. A person who commits the act provided for in this Article thereby incurring minor damage shall be considered to have committed a misdemeanour and
shall be punished by community service or by a fine or by restriction of liberty or by arrest.
4. A legal entity shall also be held liable for the acts provided for in this Article.
Article 198. Unlawful Interception and Use of Electronic Data
1. A person who unlawfully observes, records, intercepts, acquires, stores, appropriates, distributes or otherwise uses the electronic data which may not be made public
shall be punished by a fine or by imprisonment for a term of up to four years.
2. A person who unlawfully observes, records, intercepts, acquires, stores, appropriates, distributes or otherwise uses the electronic data which may not be made public and which are of strategic importance for national security or of major importance for state government, the economy or the financial system
shall be punished by imprisonment for a term of up to six years.
3. A legal entity shall also be held liable for the acts provided for in this Article.
Article 198(1). Unlawful Connection to an Information System
1. A person who unlawfully connects to an information system by damaging the protection means of the information system
shall be punished by community service or by a fine or by arrest or by imprisonment for a term of up to one year.
2. A person who unlawfully connects to an information system of strategic importance for national security or of major importance for state government, the economy or the financial system
shall be punished by a fine or by arrest or by imprisonment for a term of up to three years.
3. A legal entity shall also be held liable for the acts provided for in this Article.
Article 198(2). Unlawful Disposal of Installations, Software, Passwords, Login Codes and Other Data
1. A person who unlawfully produces, transports, sells or otherwise distributes the installations or software, also passwords, login codes or other similar data directly intended for the commission of criminal acts or acquires or stores them for the same purpose
shall be punished by community service or by a fine or by arrest or by imprisonment for a term of up to three years.
2. A legal entity shall also be held liable for the acts provided for in this Article.
Fake identities (quality is very high). In February 2009 in Šiauliai there was a case where police held a suspect and later released him (due to absence of any signs that id was fake).
Police did not have a possibility to verify the photo on the id.
Later it was discovered that the person is completely different.
Article 25. Forms of Complicity
1. Forms of complicity shall be a group of accomplices, an organised group or a criminal association.
2. A group of accomplices shall be one in which two or more persons agree, at any stage of the commission of a criminal act, on the commission, continuation or completion of the criminal act, where at least two of them are perpetrators.
3. An organised group shall be one in which two or more persons agree, at any stage of the commission of a criminal act, on the commission of several crimes or of one serious or grave crime, and in committing the crime each member of the group performs a certain task or is given a different role.
4. A criminal association shall be one in which three or more persons linked by permanent mutual relations and division of roles or tasks join together for the commission of a joint criminal act – one or several serious and grave crimes. An anti-state group or organisation and a terrorist group shall be considered equivalent to a criminal association.
Mutual Legal Assistance in Computer-Related Cases of the Republic of Lithuania
Requests of foreign countries for legal assistance in Lithuania are fulfilled on the grounds of international multilateral and bilateral agreements, laws of European Union and national acts implementing them in cases of all criminal offences bar none. The Lithuania has ratified all international conventions regulating legal assistance in criminal matters.
At present, legal cooperation in criminal matters is regulated by:
Convention on Mutual Assistance in Criminal Matters between the member states of European Union, established by the Council in accordance with Article 34 of the Treaty of European Union (ratified on 5 February 2004). Valid from 23 August 2005 (hereinafter – EU Convention).
Protocol of the Convention on Mutual Assistance in Criminal Matters between the member states of European Union, established by the Council in accordance with Article 34 of the Treaty of EU (ratified on 5 February 2004).
European Convention on Mutual Assistance in Criminal Matters (1959) with all amended protocols of 1978 and 2001 and other international conventions Lithuania is a member whereof.
Bilateral (and a trilateral) treaties of the Lithuania on legal assistance and legal intercourse.
Discussing international treaties taken as a ground of fulfillment of the requests received from foreign states, it is worth while to distinguish the new Conventions that brought changes into rapidity of international cooperation, i.e.:
Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the EU established by the Council in accordance with Article 34 of the Treaty of EU. The present Convention came into force in respect of the Republic of Lithuania from 23 August 2005, and territorial district prosecutor’s offices were assigned for communication of the competent institutions in Lithuania with the institutions of other EU member states regarding legal assistance. Considering the possibility to communicate directly, fulfillment of requests to provide legal assistance has been quickened.
On 21 December 2007 Lithuania joined the Convention of 19 June 1990 implementing Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, and became a full member of Schengen space. In respect of the requests for legal assistance in criminal matters, Article 2 (Items 48-53) of the Schengen Conventions is of a great importance as its initial objective is to supplement 1959 European Convention on mutual assistance in criminal matters and facilitating the implementation of its provisions in practice. Considering the fact that with Schengen Convention the scope of mutual assistance in criminal matters has been extended (Article 49), it was determined to address procedural documents directly by post to persons (Article 52) and requests for assistance may be made directly between legal authorities and returned through the same channels (Article 53), it shall be assumed that fulfillment of the request for legal assistance received from foreign countries will gain significant rapidity.
For effective fight with offences in the cyberspace, on 23 July 2003 Lithuania joined Convention on Cyber Crimes, and the said Convention was ratified, with particular limitations, on 22 January 2004. On this account, Lithuania harmonized national legal acts with the Convention provisions and charged responsible institutions to implement requirements established in the Convention. Following Article 3 of the aforementioned Order ratifying the Convention, the Ministry of Justice and General Prosecutor's Office of the Republic of Lithuania were assigned as central institutions responsible for sending requests for mutual assistance and replies to them, fulfillment of such requests or their transfer to competent institutions.
Besides assistance of these competent institutions of intercommunication indicated in laws ratifying these treaties, services of Europol, the European Police Office, Eurojust, the European Union’s Judicial Cooperation Unit, the European court chain, Interpol, and communication support (liaision) officers, especially useful for prompt assignment performance, are widely used. In order to ensure effective legal assistance in urgent cases the General Prosecutor's Office of the Republic of Lithuania accepts requests for legal assistance by means of operating communication, including facsimile and email (if safety and authenticity of information is ensured), as well as through the national Interpol office in Lithuania.
It should be noted that the prosecutor of Pre-trial investigation department of the General Prosecutor's Office has been put in charge of control and organization of performed investigations of the division of specialized investigation of computer crimes – Cybercrime Investigation Board of the Lithuanian Criminal Police Bureau. This way the most favorable legal and organizational conditions have been created to ensure timely performance of assignments of legal assistance applying well-established methods and means of international communication.
Evaluating the set practice, it should be noted that the best results are achieved when a request for legal assistance is transferred to a particular competent institution with all relevant enclosures, translated into one of widely used and acceptable in that country language, and the responsible officers are provided with a possibility to discuss the execution plan, process and legal and practical properties directly in coordination meetings.
The Police Department under the Ministry of the Interior of the Republic of Lithuania is designated as a competent authority to perform the functions mentioned in Article 35 of the Convention on Cyber Crime. The direct executor of the aforementioned Article is the Cybercrime Investigation Board of the Lithuanian Criminal Police Bureau. The Ministry of Justice and the General Prosecutor's Office of the Republic of Lithuania are designated as responsible authorities to perform the functions mentioned in the Article 24, paragraph 7, subparagraph a.