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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