NATIONAL LEGAL FRAMEWORK CONCERNING THE APPLICATION OF CROSS-BORDER INSTRUMENTS
TO PERSONS WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE
20
Prosecutor's Office that I have mentioned,
i.e. the rules on the issuance of the
European Union arrest warrant provide
for this right, however, the regulation is
poor. Because in such a case, if a person
who is detained in another country
requests to have a lawyer in Lithuania, the
information about the State Guaranteed
Legal Aid Service and the right to have a
lawyer in Lithuania is forwarded to them
in accordance with these rules. What
this actually means, I really have no idea.
Because the Code of Criminal Procedure
does not contain any such grounds for the
mandatory appointment of a lawyer.“17
It should be noted here that, in cases where it is not
mandatory under the Code of Criminal Procedure,
the legal aid guaranteed in Lithuania is granted on
the basis of an assessment of a person's income level.
Consequently, in this case, the State Guaranteed Legal
Aid Service would assess the level of income of the
national from the other country who is the subject of the
EAW on the basis of the request before deciding whether
state guaranteed legal aid is available. Mandatory
presence of a representative is foreseen in cases where
Lithuania is the executing state but not the issuing state.
17
Quote from one of the semi-structured interviews.
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