NATIONAL LEGAL FRAMEWORK CONCERNING THE APPLICATION OF CROSS-BORDER INSTRUMENTS TO PERSONS WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE 33 In accordance with Article 5(3) and (4) of the Framework Decision in the cases referred to in Article 5(2) of the Framework Decision, i.e. where an alternative sanction or probation measure has been imposed on a person not resident in the Republic of Lithuania, the court of the Republic of Lithuania will generally agree to take over the execution of this measure if the sentenced person is studying, working or has been granted an employment contract in the Republic of Lithuania or if a family member of the sentenced person is resident in the Republic of Lithuania or if there are other compelling reasons for taking over the execution of the alternative sanction or probation measure.28 According to the Article 28 of the Criminal Code, if the court decides to recognise a decision on a non-custodial sentence or a decision on probation, it shall, by the same decision, reconcile the alternative sentence or probation measure imposed by another Member State of the European Union with the sentences or other measures provided for in the laws of the Republic of Lithuania. The duration, nature and legal consequences of the alternative sentence or probation measure agreed upon shall correspond as closely as possible to the duration, nature and legal consequences of the alternative sentence or probation measure imposed by another Member State of the European Union. It is forbidden to substitute one measure for another and to substitute one measure for another. Hence, when supervision and application of probation measures and alternative 28 5798/2/15 REV 2.

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