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.