Fiches Belges
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Fiches Belges: Литва

Enforcement of a Custodial Sentence (903)

1. MEASURE IMPLEMENTATION

Литва

Is this measure possible in your Member State under International Judicial Cooperation?

Yes.

2. LEGAL FRAMEWORK

Литва

International legal framework applicable for this measure in your Member State

Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union

3. COMPETENT AUTHORITY TO:

Литва

* receive the request/decision for judicial cooperation

"The Ministry of Justice of the Republic of Lithuania is competent to receive the decisions from other EU Member States. The Ministry of Justice forwards those decisions to the appropriate competent district courts for execution. Contact information for the Ministry of Justice: Gedimino pr. 30, LT-01104 Vilnius, Lithuania Fax (8 5) 262 59 40, e-mail: rastine@tm.lt Note: When the Republic of Lithuania is the executing State, any further correspondence between the court of the Republic of Lithuania and the competent authorities of another Member State of the European Union is direct."

* execute/recognise the measure (if other than the receiving authority)

"The district courts. Note: a judgment imposing a custodial sentence, adopted in another Member State of the European Union and transmitted to the Republic of Lithuania for execution, is recognised in the Republic of Lithuania by the district court of the place of residence of the sentenced person. If a sentenced person is serving a sentence in a Lithuanian prison the decision is recognised by the district court of the place in which the sentence is being served. If the available data do not allow the specific competent court to be identified, the decision is recognised by Vilnius District Court. "

4. ACCEPTED LANGUAGES

Литва

Accepted languages for the request/decision

"Lithuanian. Note: In accordance with Article 23(1) of the Framework Decision, Lithuania will recognise decisions imposing a custodial sentence and issued by another EU Member State only where the certificate has been translated into Lithuanian.In accordance with Article 23(3) of the Framework Decision, when the Lithuania is an executing State it will, after receiving a judgment and a certificate, request that the judgment or essential parts of it be accompanied by a translation into Lithuanian, where it finds the content of the certificate insufficient to decide on the enforcement of the sentence."

5. EXECUTION DEADLINE

Литва

Deadlines for the execution of the request/decision (where applicable)

"90 days to take final decision on recognition and enforcement (including terms of appeal). Otherwise the executing court shall inform the requested authorithy about the reasons of the delay and indicate the predictable date to take the final decision."

6. CONCISE LEGAL PRACTICAL INFORMATION

Литва

a. Special requirements

"Lithuania will not apply Article 7(1) of the FD 2008/909/JHA. In accordance with Article 28(2) of the Framework Decision, the Republic of Lithuania will recognise and execute final judgments imposing a custodial sentence issued from 5 December 2011. Where a judgment imposing a custodial sentence has been issued before 5 December 2011, the Republic of Lithuania will continue to apply Article 365 of its Code of Criminal Procedure and the relevant provisions of international agreements."

b. Other useful information

Contact information for Lithuanian courts can be found on the website of the National Courts Administration: http://www.teismai.lt/en/courts/contacts-of-courts/contacts-of-courts/652.

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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