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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However, it is important to note that not all offences are
eligible for EAW, and there are safeguards in place, as a
person may be put at a great disadvantage in accepting
any responsibility. For this reason, the Lithuanian Code
of Criminal Procedure provides that, if such a consent is
sought, a hearing must be held in order to check that the
person understands what they are agreeing to and to
verify that the consent is genuine.
A general lack of information is cited as one of the key
challenges to the application of surrender under the
EAW. Experts distinguish between two situations: transfer
for prosecution and transfer for serving a sentence. In the
first instance, the person goes to the district court of the
district where the EAW was issued, and after the arrest is
ordered, the person goes to a detention centre. In such
cases, the territorial principle applies and individuals can
anticipate where they will end up. A different system
applies to the execution of EAWs for the purpose of
serving a sentence:
„When we talk about people who have
surrendered to serve a sentence, it
gets complicated, because then there
is <...> an EAW issued by any district,
that person is transported to Lithuania
and then under the Code of Criminal
Procedure, that person is placed for up
to ten days in a detention centre. There
is no good answer as to which detention
centre they are placed in. The Prisons’
Department has rules that specify where
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