NATIONAL LEGAL FRAMEWORK CONCERNING THE APPLICATION OF CROSS-BORDER INSTRUMENTS TO PERSONS WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE 14 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

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