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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sentence. In this case, the EAW is issued under the
following conditions:
– The remaining term of imprisonment is four months
or more;
– There is reason to believe that the convicted person
may be in a member state of the European Union
or another state that applies the procedure for the
transfer of persons under the EAW;
– The transfer of a person pursuant to a EAW complies
with the principles of proportionality and costeffectiveness of the process, taking into account
the nature and extent of the seriousness of the
committed crime, the personality of the convicted
person.
In order to implement Article 23 of the Framework
Decision, Article 76(3) of the Code of Criminal Procedure
provides that in exceptional cases, where it is reasonably
believed that the surrender of a person would endanger
the person’s life or health, or where there are other
important humanitarian reasons, the surrender of a
person under a EAW to another state may be postponed.
When such reasons cease to exist, the General
Prosecutor’s Office of the Republic of Lithuania and the
relevant authority of the foreign State shall immediately
fix another date for the surrender of the person. In such
a case, the person shall be surrendered not later than ten
days from that date.
According to LITEKO, Article 76(3) of the Code of
Criminal Procedure is mentioned in seven rulings