NATIONAL LEGAL FRAMEWORK CONCERNING THE APPLICATION OF CROSS-BORDER INSTRUMENTS
TO PERSONS WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE
21
The consent of the person is also important in the
execution of EAW. Article 13 of the Framework Decision
provides that each Member State shall adopt the
measures necessary to ensure that consent and, where
appropriate, renunciation, as referred to in paragraph
1, are established in such a way as to show that the
person concerned has expressed them voluntarily and
in full awareness of the consequences. To that end, the
requested person shall have the right to legal counsel.
Consent may be of two types: consent to extradition
for the offences covered by the EAW and consent to
prosecution for other offences.
„A person can agree to be extradited on
the basis of EAW, which simply speeds
up and simplifies the procedure, let's
say, because if the person accepts, then,
of course, there is a reduction in the
length of time that they spend in custody
in the other country before they are
extradited. Sometimes a person may,
either in advance, at the request of the
issuing State, or after surrender, agree to
be prosecuted not only for the offences
for which the EAW was issued, but also
for offences other than those for which
the warrant was issued, such as offences
committed previously.“18
18
Quote from one of the semi-structured interviews.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents