NATIONAL LEGAL FRAMEWORK CONCERNING THE APPLICATION OF CROSS-BORDER INSTRUMENTS
TO PERSONS WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE
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punishable by at least one year of imprisonment,
except for a minor crime that did not cause
significant property damage;
– There is a reason to believe that the suspect or the
accused may be in a member state of the European
Union or another state that applies the procedure of
extradition of persons under the EAW;
– A pre-trial investigation judge or court order has
been received regarding the imposition of a pre-trial
detention measure;
– Other possibilities have been exhausted to ensure
the participation of the suspect or the accused in
the process or to examine the case in the absence
of the accused;
– The transfer of a person pursuant to a EAW
complies with the principles of proportionality and
process economy, taking into account the nature
and extent of the seriousness of the committed
crime, the personality of the suspect or the accused.
The EAW for a person sentenced to imprisonment and
absconding from the execution of this sentence is issued
by the district court in accordance with a judgement or
order to cancel the suspension of the execution of the
sentence, an order to cancel the conditional release from
the prison sentence before the term or the replacement
of the unserved part of the prison sentence with a lighter
sentence or an order on probation sending a person
released from a correctional institution to a correctional
institution to serve the remainder of the prison sentence
within the jurisdiction of the court that accepted the