Fiches Belges

"A citizen of the Republic of Lithuania or an alien shall be surrendered under the European arrest warrant only where the criminal act committed by him is punishable, according to laws of the issuing Member State, by a custodial sentence of at least one year and where the European arrest warrant has been issued in connection with the execution of a custodial sentence which has already been imposed, only where the duration of the sentence imposed is at least four months. The rule of double criminality is applicable only for the cases where the committed act for which EAW is issued is not included into the list provided for in Article 2 (2) of the Council Framework Decision 2002/584/JHA."

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States.

"A competent authority to receive EAWs is the Prosecutor General’s Office: Rinktinės str. 5A LT-01515 Vilnius Lithuania Tel.: +370 5 2662360. For urgent cases arising outside office hours, please contact Lithuanian Criminal Police Bureau International Liaison Office Saltoniškių str. 19, LT-08105 Vilnius Lithuania Tel.: +370 5 2719900, e-mail address: tvr@policija.lt "

Lithuanian or English. According to the Code of Criminal Procedure of the Republic of Lithuania, there are no specific deadlines for receiving a translation of the European Arrest Warrant (EAW). However, the translation must be provided as soon as possible, taking into account that the decision to execute the EAW must be made within 60 days (or within 10 days if the person consents to the surrender). The translation is an essential part of this process. When Lithuania issues an EAW, the translation is prepared as soon as possible after the warrant is issued. Typically, the EAW and its translation are sent together to the executing country as a complete set of documents. Lithuania accepts transmission of EAWs via SIS II, as alerts entered under Article 26 of the SIS II Regulation are legally recognized as valid EAWs for arrest purposes; however, the full EAW document and any required translations must still be transmitted separately through the SIRENE bureau or other official channels to complete the surrender process.

If the person has given his consent to be surrendered to the country issuing European arrest warrant, the decision on his surrender must be taken no later than in 10 days after the receipt of his written consent. In other cases the decision on his surrender must be taken no later than within a period of 60 days from the day of the person’s detention. In exceptional cases, the these terms might be prolonged to 30 days, however the requesting institution of the country issuing European arrest warrant must be immediately notified about the reasons thereof. If in special cases it is still not possible to stick to the term, Eurojust must be informed about the reasons for the delay.

"If the European arrest warrant is issued for criminal prosecution, a citizen or a permanent resident of the Republic of Lithuania may be surrendered on condition that after the court delivers a judgement in the country issuing the European arrest warrant, the person will be transferred to the Republic of Lithuania to serve the custodial sentence, if the person or the Office of the Prosecutor General of the Republic of Lithuania requests so." Lithuania permits the prosecution of accessory offences only in accordance with the specialty rule established in Article 27 of Council Framework Decision 2002/584/JHA, Lithuania applies it as part of its obligations under EU law.