The European Arrest Warrant (EAW) is a complex legal procedure that can involve European citizens arrested in one of the European Union (EU) member states. In this comprehensive guide, we will explore all the crucial aspects of the EAW and what to do if you find yourself arrested. From the moment of arrest to the decision on extradition and possible appeals, we will cover every stage of the procedure.
What Is the European Arrest Warrant?
The European Arrest Warrant (EAW) is an arrest order issued by an EU member state to pursue a person accused of a crime or convicted in another member state. This legal instrument was created to streamline extradition between EU countries. We will delve into the details of how this legal tool works and what rights you have if you are involved in such a procedure.
Arrest and Surrender Phase
Arrest and Procedure
After the issuance of the EAW, if the person is found in one of the member states, the judicial police proceed with the arrest and make the individual available to the Judicial Authority. We will explain what happens during this process and what your rights are as an arrested person.
Appointment of a Defense Lawyer
At the time of arrest, the person has the right to appoint legal counsel to ensure proper legal defense. We will discuss the importance of this choice and how it can impact the procedure.
Consent to Surrender
The arrested person has the option to consent or not to their own surrender. This decision is significant and irreversible. We will examine the implications of this consent and the situations in which it may be advisable to consent or not.
Validation of the EAW
The Court of Appeal must validate or reject the EAW within 48 hours of receiving the arrest report. We will explore the circumstances in which the arrest is validated or rejected and how this affects your situation.
Opposition to Surrender
If the arrested person opposes surrender, the Court of Appeal assesses the reasons and may decide in favor of or against surrender. We will analyze possible defense strategies in this critical phase.
Appeal to the Court of Cassation
If the Court of Appeal issues a favorable ruling for surrender, it is possible to file an appeal to the Court of Cassation within 5 days. This appeal has a suspensive effect on surrender and represents an opportunity for legal review.
Timelines and Protection of Rights
The surrender procedure must conclude within 60 days of arrest. We will inform you about how to protect your rights if this timeline is not met and what happens if deadlines are exceeded.
The European Arrest Warrant is a complex process that requires a thorough understanding of the law. Consulting an experienced European Arrest Warrant lawyer can make a difference in legal defense and the protection of your fundamental rights. Always consider seeking the guidance of a specialized professional when navigating this complex legal situation.
Why Consult an Experienced Lawyer?
This guide has provided a comprehensive overview of the European Arrest Warrant procedure, but it is essential to have an experienced lawyer by your side who is well-versed in the subject matter and can ensure the maximum protection of the client’s rights. Consulting a specialized professional is the wisest move when dealing with this complex legal situation.