On 19 October 2010 the Seimas adopted the resolution ‘On the immunity of MP Petras Gražulis’ (draft No.XIP-2520) (votes: for—56, against—35, abstained—12) and the resolution ‘On the immunity of  MP Kazimieras Uoka’ (draft No.XIP-2521) (votes: for—58, against—30, abstained—10).With these legal regulations, the Seimas—following Article 62(2) of the Constitution of the Republic of Lithuania and Articles 22 and 23 of the Statue of the Seimas and considering the statement of Darius Valys, the prosecutor general of the Republic of Lithuania, and the certificate of the Provisional Investigation Commission of the Seimas regarding consent to subject MPs Petras Gražulis and Kazimieras Uoka to criminal liability—did not consent to subject MPs Petras Gražulis or Kazimieras Uoka to criminal liability or otherwise restrict their freedom.On 22 June 2010, Darius Valys, prosecutor general of the Republic of Lithuania, asked the Seimas to allow MPs Petras Gražulis and Kazimieras Uoka to be subjected to criminal liability or to otherwise restrict their freedom. The prosecutor general noted that in the material collected there is information that on 8 May 2010 around 2:30 p.m. MPs Petras Gražulis and Kazimieras Uoka in a public place on Upės Street in Vilnius, next to the White Bridge (Baltasis tiltas), by conducting themselves defiantly demonstrated disrespect to nearby people, did not obey the lawful requirements of police officers (who were carrying out their duty of protecting public order) not to step over a barrier and stop unlawful actions, stepped across the police barrier that was protecting the perimeter of the event and was marked with special tape printed with the words ‘Stop! Police’ and also violently resisted the police officers. The prosecutor general noted that these circumstances were verified by the statements of police officers, explanations of other people, and a video recording.

The prosecutor general also stated that on 17 May 2010 the Vilnius District Prosecutor’s Office received an appeal dated May 13 from For Equality, a provisional group of parliamentarians. The appeal requested that the actions of MPs Petras Gražulis and Kazimieras Uoka during the ‘For Equality’ march on 8 May 2010 be investigated and assessed.

As stated by the prosecutor general, the analysis of all the information collected shows that there is a sufficient basis for believing that the actions of MPs Petras Gražulis and Kazimieras Uoka contain violations not of administrative law, but quite possibly of criminal activities stipulated in Article 284(1) and Article 286 of the Criminal Code of the Republic of Lithuania.

Members of the Provisional Investigation Commission of the Seimas (hereinafter—the Commission) having acquainted themselves with the material provided by the Office of the Prosecutor General and having listened to the information provided by prosecutor Mindaugas Barkauskas of the Organised Crime and Corruption Investigation Division of Vilnius District Prosecutor’s Office and Kęstutis Lančinskas, chief of Vilnius District Chief Police Headquarters, on the measures and methods applied for protecting public order during the ‘For Equality’ march of 8 May 2010, decided to suggest to the Seimas not to give permission to subject MPs Petras Gražulis and Kazimieras Uoka to criminal liability or otherwise restrict their freedom.

At the meeting of the Commission, MPs Petras Gražulis and Kazimieras Uoka specified the main motives behind their behaviour during the ‘For Equality’ march. Both Gražulis and Uoka emphasised that their actions were caused by their determination to defend the values entrenched in Article 38 of the Constitution of the Republic of Lithuania.

Article 62(2) of the Constitution of the Republic of Lithuania and Article 22(3) of the Statue of the Lithuanian Seimas state that members of the Seimas may not be found criminally responsible, may not be arrested, and may not be subjected to any other restriction of personal freedom without the consent of the Seimas. Therefore, in order to start a pre-trial investigation regarding the actions of MPs Petras Gražulis and Kazimieras Uoka and perform the required procedural actions with respect to them, the consent of the Seimas is required.

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On 28 September 2010, the Seimas formed the Provisional Investigation Commission Regarding Consent to Subject MPs Petras Gražulis and Kazimieras Uoka to Criminal Investigation (hereinafter—the Commission). It consists of the following 12 members of the Seimas: chairman—Vytautas Grubliauskas, deputy chairman—Mečislovas Zasčiurinskas, members—Remigijus Ačas, Antanas Baura, Stanislovas Giedraitis, Egidijus Klumbys, Kęstutis Masiulis, Antanas Nedzinskas, Juozas Palionis, Paulius Saudargas, Saulius Stoma, and Zita Užlytė. The Commission is obliged to conduct the investigation until 1 November 2010.