Under Article 72(3) of the Criminal Code, confiscable property belonging to the offender must be confiscated in all cases.
Under Article 228(2) of the Criminal Code, the pursuit of material or other personal gain increases liability up to imprisonment for six years.
R. Vitkauskienė’s position will be determined not by the municipality’s decision not to bring a claim, but by whether the court finds the allegations of fraud, abuse of office, document forgery, and accounting offences proven. If it were established that EUR 18,390 of municipal funds was obtained by deception, the criminal case would also raise the issue of confiscation of property or compensation for damage. The news item is narrow in scope: ARSA did not file a civil claim, while the prosecutor is independently seeking compensation for damage in the mayor’s criminal case. The precise criminal law issue is whether the described conduct satisfies Articles 182, 228, 300, and 222 of the Criminal Code of the Republic of Lithuania. Under Article 2(3) and 2(4) of the Criminal Code, liability is possible only where guilt and the constituent elements of a specific criminal offence are established. Under Article 3(1) of the Criminal Code, the criminal law in force at the time the act was committed applies, since the indicated period is 2019-2023.
The fraud element will be based on Article 182 of the Criminal Code, because the news item refers to deception in submitting advance expense reports for a municipal council member. Paragraph 1 of that Article provides for liability for acquiring another person’s property by deception and permits imprisonment for up to three years. If paragraph 2 were applied on the basis of high-value property, the sanction would extend to imprisonment for up to six years, although the sources provided do not specify the relevant value thresholds. The abuse-of-office charge is linked to her duties as a council member and to harm to the municipality’s authority and public trust. Under Article 228(1) of the Criminal Code, a civil servant or equivalent person is liable if the State, a legal person, or a natural person suffers major harm as a result of abuse of office. As to the documents, the prosecution would need to prove not only false data, but also the forgery, possession, or use of a document. Under Article 300(1) of the Criminal Code, forging a genuine document or using a document known to be forged is punishable by community service, a fine, restriction of liberty, arrest, or imprisonment for up to three years. If major harm were established as a result of such conduct, Article 300(3) of the Criminal Code permits imprisonment for up to five years. Based on the facts provided, the accounting episode concerns 17 cash receipt orders and the company’s accounts. Under Article 222(1) of the Criminal Code, fraudulent management or organisation of financial accounting is punishable by a fine, restriction of liberty, arrest, or imprisonment for up to four years. Under Article 222(2) of the Criminal Code, very substantial material damage would increase the limit to seven years. In this case, the practical duties and risks are divided as follows:
If the charges are not substantiated, criminal liability under Article 2 of the Criminal Code cannot be applied, because suspicions and an indictment alone are insufficient. If guilt is proven, the practical consequence may be a fine, restriction of liberty, arrest, or fixed-term imprisonment under the specific provisions of Articles 182, 228, 300, and 222 of the Criminal Code. The property issue is not ancillary, because Article 72(2) of the Criminal Code treats the proceeds of prohibited conduct as property subject to confiscation. Therefore, the amount of EUR 18,390, if recognised as the proceeds of a criminal offence, may become a direct subject of the court’s decision. For the municipality, the practical point is that its passive conduct does not eliminate the property-related dimension of the criminal case if the prosecutor maintains it in the proceedings. For the other accused persons, the accounting classification is most important, because Article 222 of the Criminal Code also provides for liability for organising fraudulent financial accounting. For legal persons, it is significant that Article 182(6), Article 222(3), and Article 228(3) of the Criminal Code allow corporate criminal liability for the respective offences.
Under Article 33(1)(4) of the Law on Crisis Management and Civil Protection, the mayor mobilises civil protection forces and the necessary material resources.
Under Article 14(2), economic entities whose provision of material resources is appropriate must participate in the preparation of the plan and conclude agreements concerning the tasks specified in the plan.
For municipalities after a storm, the key issue is not merely having a generator agreement with ESO, because the law primarily assesses preparedness, coordination, and the direction of assistance to residents. An agreement becomes a practical tool, but the mayor’s duties exist even without it, especially where interrupted municipal services must be restored. The news item can be reduced to one legal proposition: 46 out of 60 municipalities have agreements concerning small generators, while the remaining municipalities risk acting more slowly. The precise question is whether the obligations of municipalities and ESO regarding generators arise from voluntary cooperation or from the competences of the civil protection system. This is determined under Articles 13, 14, 19, and 33 of the Law of the Republic of Lithuania on Crisis Management and Civil Protection, as well as Article 13 of the Law of the Republic of Lithuania on Energy.
Under Article 13(1) of the Law on Crisis Management and Civil Protection, the mayor organises preparedness for emergencies within the municipality. The same provision assigns to the mayor the provision of information about an event, the declaration of an emergency, and the appointment of an operations commander. Under Article 13(1)(5), the mayor organises the restoration of municipal services interrupted during events or emergencies and assistance to victims. In this situation, the role of elderships and municipalities is legally consistent with these duties:
Accordingly, a generator reserve or the transportation of generators to residents is not merely a logistical matter. It may constitute the mobilisation of material resources to eliminate the threat of an emergency or to mitigate its consequences. ESO’s position is defined by the logic of the obligations of an economic entity. Under Article 14(1) of the Law on Crisis Management and Civil Protection, the heads of economic entities are responsible for emergency preparedness within their entity. Under Article 14(3), they must provide material resources and implement the decisions of the mayor, the operations commander, or the Government. Residents’ rights are also expressly identified. Under Article 19(1) of the Law on Crisis Management and Civil Protection, residents have the right to be warned and to receive information and recommendations. The same paragraph grants the right, during emergencies, to receive necessary assistance according to the capacities of the entities within the system. Therefore, delivery of a generator is not an absolute individual right, but the allocation of assistance must be based on actual capacities and priorities. Point 11 of the Government’s implementing description supplements the mayor’s preventive duties. Municipal mayors must establish measures aimed at reducing high-risk hazards, ensuring continuity of operations, concluding assistance agreements, and warning residents. If an emergency were declared in the energy sector, Article 13(4) of the Law on Energy would additionally require municipalities to perform the functions established in the special description on energy supply.
The practical consequence for municipalities without agreements is not an automatic sanction under the sources provided, but weaker prior preparedness to perform tasks involving material resources. The realistic scenarios are as follows:
The model used by Jonava District Municipality and Kaunas District Municipality appears to be the legally strongest under the provisions provided. They have both a contractual basis for cooperation and their own reserve, enabling them to perform more quickly the mayor’s duty to organise assistance. The actions of Rokiškis, Jurbarkas, Vilkaviškis, and Ukmergė indicate another lawful route: setting priorities, providing information, and offering local resources.
Correction. The headline proposition that the probationary period may last up to six months is incomplete. More precisely, from 1 November, a six-month period may be applied only to employees whose contractually agreed monthly remuneration reaches at least twice the latest gross average wage published by the State Data Agency. Article 36 of the Labour Code also prohibits extending the probationary period by agreement between the parties, meaning that a three-month probation agreed in September does not become a six-month probation in November. In practice, it would be a weak position to rely on the actual level of allowances or bonuses if the contract does not provide for monthly pay reaching the statutory threshold.
Under Article 36(3) of the Labour Code, if the employer considers the results unsatisfactory, it may terminate the contract before the end of the probationary period by giving three working days’ written notice and without paying severance compensation.
Under Article 57(8) of the Labour Code, in the event of dismissal without the employee’s fault, severance compensation of two average monthly wages is payable, or half an average monthly wage if the employee has worked for less than one year.
As of 1 November 2026, a longer probationary period will be lawful only for a narrow category of employees whose contractual remuneration reaches the threshold of two national average gross monthly wages published by the State Data Agency. This does not create a general right for employers to rewrite existing three-month probationary periods into six-month periods. The precise legal question will be whether the general three-month rule applies to the particular employee, or whether the new six-month exception under Article 36(2) of the Labour Code of the Republic of Lithuania applies. Based on the currently available regulation:
Article 36(1) of the Labour Code permits agreement on a probationary period only when concluding the employment contract and only for two purposes: to assess the employee’s suitability for the work or the work’s suitability for the employee. Accordingly, a later extension of the period is not a simple amendment of the contract, because Article 36(2) of the Labour Code expressly prohibits extending the probationary period by agreement of the parties. From the application of the new wording, the employer will have to verify the remuneration threshold in the employment contract itself. If the monthly wage set out in the contract does not reach two times the latest national average gross monthly wage published by the State Data Agency, the three-month limit under Article 36(2) of the Labour Code remains applicable. The dismissal mechanism during probation does not materially change. The employer’s notice must comply with Article 64(2) of the Labour Code: it must state the reason for termination, the statutory provision, and the date on which the employment relationship ends. If the employee disputes service of the notice, Article 64(3) of the Labour Code places the burden of proving service on the employer. The employee’s position during probation is more flexible. Under Article 36(4) of the Labour Code, the employee may terminate the contract by giving three working days’ notice and, according to the earlier text of that paragraph provided, may revoke the notice no later than the next working day after submitting it. This ground differs in its consequences from other employer-initiated dismissals. Under Article 59(1) of the Labour Code, where the contract is terminated at the employer’s will, severance compensation of not less than six average monthly wages is payable. The regime for employee fault is also not the same as unsatisfactory probation. Article 58(1) of the Labour Code permits termination of the contract without notice and without severance compensation where the employee culpably breaches their duties, while Article 58(2)–(3) links this to a gross or repeated breach.
The practical point of dispute will be not only the quality of the employee’s work, but also the lawfulness of the probationary period itself. If an employer applies a six-month period to an employee whose contract does not provide for the required remuneration, a dismissal after three months may be based on an incorrect legal ground. From 1 November 2026, employers will need to draft the contractual probation clause precisely. It will have to align with Article 36(2) of the Labour Code, because the longer period will depend on the monthly wage specified in the contract and on the contract’s duration. For employees, the three most important practical consequences are:
In the market, the change will most affect managerial, highly qualified, or higher-paid positions where remuneration reaches the threshold of two national average gross monthly wages published by the State Data Agency. For other employees, the three-month probationary model remains the main rule.
The regulation arose from the need to transpose the EU Directive on transparent and predictable working conditions; the excerpts provided do not identify specific political initiators. The aim was to require employers to inform employees more clearly about the probationary period and its conditions, termination of the employment contract, overtime, training, and social security. The principal argument was to align the Labour Code with EU law, including the abolition of the exception for very short contracts; no substantive objections are apparent from the excerpts provided, with only the application dates and transitional rules being clarified.