NATIONAL LEGAL FRAMEWORK CONCERNING THE APPLICATION OF CROSS-BORDER INSTRUMENTS TO PERSONS WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE 15 (between 2007 and 2023), but has never been applied to date. It should be noted that the Code of Criminal Procedure does not specify that applicants may apply directly to the court for a postponement of surrender. The decision on postponement of surrender pursuant to the EAW is the exclusive competence of the General Prosecutor's Office of the Republic of Lithuania, which decides whether, in the circumstances referred to in Article 76(3) of the Code of Criminal Procedure, it is appropriate to postpone the surrender of the person to the requesting State.9 No disaggregated statistical data is available on specific cases of persons with intellectual and/or psychosocial disabilities. Generally, out of the 180 requests that Prosecutor General‘s Office received in 2021 for the issuance of the EAW or an arrest warrant (in order to seize a person from Iceland, Norway or the United Kingdom), 135 requests were granted and 45 were refused. The most common reason for refusal is that after assessing the seriousness of the crime, the scale, the personality of the suspect or the accused and other criteria, it was determined that the issuance of the EAW or an arrest warrant would not comply with the principles of proportionality and economy of the process. In such cases, the initiators are suggested to use other instruments of legal cooperation, ensuring that the goals set for the criminal process are achieved.10 9 Resolution of the Court of Appeal of Lithuania of 10 April 2019 in criminal case No 1S-77-396/2019. 10 General Prosecutor's Office of the Republic of Lithuania (2022) Activity Report 2021. Available in Lithuanian at: https://bit.ly/45qn3sC.

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