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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2.1. EUROPEAN ARREST
WARRANT
The European Arrest Warrant (EAW) Framework
Decision7 was transposed into Lithuanian national law
by supplementing the Criminal Code and the Code of
Criminal Procedure with relevant provisions, as well as
by adopting the rules for issuing a European warrant and
taking over a person (a sub-statutory law). The EAW, its
application procedure and conditions are described in
Article 91 of the Criminal Code.8
The rules for issuing a EAW and taking a person under
an EAW were first approved in 2004, after Lithuania's
accession to the European Union. Until 2013, the EAW
had been issued by the Ministry of Justice for a suspect
or defendant who absconded from pre-trial investigation
or trial. Since 2013, this process has been taken over
by the Prosecutor General’s Office of the Republic of
Lithuania. In this case, the EAW is issued under the
following conditions:
– Criminal proceedings have been initiated for an
offence provided for in Article 2(2) of Council
Framework Decision 2002/584/JHA of 13th June
2002 on the EAW and surrender procedures
between Member States or for another offence
7 Council Framework Decision of 13 June 2002 on the European arrest
warrant and the surrender procedures between Member States (2002/584/
JHA), as amended.
8 Criminal Code of the Republic of Lithuania, No. VIII-1968, 26 September
2000. Available at: https://bit.ly/40gCcvw.