NATIONAL LEGAL FRAMEWORK CONCERNING THE APPLICATION OF CROSS-BORDER INSTRUMENTS TO PERSONS WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE 22 However, it is important to note that not all offences are eligible for EAW, and there are safeguards in place, as a person may be put at a great disadvantage in accepting any responsibility. For this reason, the Lithuanian Code of Criminal Procedure provides that, if such a consent is sought, a hearing must be held in order to check that the person understands what they are agreeing to and to verify that the consent is genuine. A general lack of information is cited as one of the key challenges to the application of surrender under the EAW. Experts distinguish between two situations: transfer for prosecution and transfer for serving a sentence. In the first instance, the person goes to the district court of the district where the EAW was issued, and after the arrest is ordered, the person goes to a detention centre. In such cases, the territorial principle applies and individuals can anticipate where they will end up. A different system applies to the execution of EAWs for the purpose of serving a sentence: „When we talk about people who have surrendered to serve a sentence, it gets complicated, because then there is <...> an EAW issued by any district, that person is transported to Lithuania and then under the Code of Criminal Procedure, that person is placed for up to ten days in a detention centre. There is no good answer as to which detention centre they are placed in. The Prisons’ Department has rules that specify where

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