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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Article 43 of the Law of the Republic of Lithuania on The
Mutual Recognition and Enforcement of Decisions of the
Member States of the European Union in Criminal Cases
notes that supervision measure may be transferred to
the Member State of the European Union in which the
suspected, accused or convicted person is lawfully and
ordinarily resident, if he or she agrees to return to that
Member State.
In the cases referred to in Article 9(2) of the Framework
Decision, i.e. where a pre-trial detention order has been
imposed on a person who is not permanently resident in
the Republic of Lithuania, the public prosecutor of the
Prosecutor General's Office of the Republic of Lithuania
will normally agree to take over the execution of the pretrial detention order, if the suspect, accused person or
convicted person is studying in the Republic of Lithuania,
is working or has concluded a contract of employment in
the Republic of Lithuania, has a family member residing
here, or has any other important reasons for which it is
reasonable to take over the execution of the pre-trial
detention order.25
Concerning the adaptation of precautionary measures
(Art. 13 FD), Article 40(1) of the Law states that when
recognizing a decision on a pre-trial detention measure,
the public prosecutor shall select and impose one or
more of the pre-trial detention measures referred to
in the Code of Criminal Procedure of the Republic of
Notification of the transposition of Framework Decisions 2008/909/JHA,
2008/947/JHA and 2009/829/JHA by Lithuania. February 2015.
https://bit.ly/3PPoBGH.
25
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