GENERAL PROVISIONS
CHAPTER XII
PREVIOUS CONVICTION
Article 97. Previous Conviction
1. The persons convicted of commission of a crime in respect of whom a judgement of conviction passed by a court of the Republic of Lithuania has become effective shall be considered as persons having previous conviction. The court shall take previous conviction into consideration when imposing a penalty for the commission of a new criminal act, deciding the issue of the offender’s release from a penalty or criminal liability, release on parole or replacement of a penalty with a more lenient one, also when identifying the person as a repeat offender.
2. Previous conviction may be a basis for restricting only those rights and freedoms of citizens whose restriction is provided for by laws of the Republic of Lithuania.
3. The following persons shall be considered as having previous conviction :
1) the persons given a suspended sentence – during the period of suspension of the sentence ;
2) the persons convicted of negligent crimes – during the period of serving the sentence ;
3) the persons convicted of premeditated crimes who have actually served the imposed sentence – during the period of serving the sentence and during the following period commencing after they have served the sentence or have been released from serving the sentence :
a) for three years if convicted of a minor or less serious crime ;
b) for five years if convicted of a serious crime ;
c) for eight years if convicted of a grave crime ;
d) for ten years if they are dangerous repeat offenders.
4. The terms of validity of previous conviction following serving of the sentence or release from serving the sentence in respect of the minors convicted of the crimes provided for in subparagraph 3 of paragraph 3 of this Article shall be reduced by half.
5. The terms stipulated in subparagraph 3 of paragraph 3 and in paragraph 4 of this Article shall be calculated from fully serving of the imposed sentence or release from serving the sentence.
6. Upon the expiry of the time limits laid down in this Article, previous conviction shall expire and the persons shall be considered as having no criminal record.
7. After the lapse of a least one half of the term of conviction, a court may, at the request of the convicted person, reduce the term of conviction or expunge the conviction.
8. Where a person who has a previous conviction commits a new crime or misdemeanour, calculation of the term until the expiry of previous conviction shall cease. In such a case, calculation of the term until the expiry of the conviction for the previous criminal act shall commence from the serving of the penalty for the new crime or misdemeanour. The person shall be considered as having previous conviction for each criminal act until the expiry of conviction for the most serious of the acts.
Recidivism of criminal offences
EDIT.