Title Europos Sąjungos valstybių narių teisinis bendradarbiavimas perduodant ir perimant nuteistuosius laisvės atėmimu tolesniam bausmės atlikimui /
Translation of Title Legal Cooperation Among the Member States of the European Union with Regard to Transfer of Prisoners for Further Execution of a Custodial Sentence.
Authors Markevičiūtė, Ugnė
DOI 10.15388/vu.thesis.626
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Pages 252
Keywords [eng] transfer of the sentenced persons ; recognition of the judgment and enforcement of the sentence ; social rehabilitation ; adaptation of the sentence
Abstract [eng] With a focus on legal regulation and law practice, this thesis analyses the legal cooperation institute between the Republic of Lithuania and other EU Member States in transferring prisoners for further execution of a custodial sentence after implementing the Framework Decision 2008/909/JHA, based on mutual recognition. The thesis uncovers the practical shortcomings of this institute and proposes viable solutions to these issues. The thesis delves into the development of the EU Member States’ legal cooperation institute in transferring prisoners for further execution of a custodial sentence. It also explores the essence of social rehabilitation as the ratio legis of the transfer of prisoners, a unique aspect of this institute, and the content of its evaluation criteria. In addition, the grounds and conditions for recognising another EU Member State’s decision on a custodial sentence in the Republic of Lithuania. The thesis provides a clear and detailed procedure for adapting a custodial sentence imposed by a decision of another EU Member State to the requirements of the Criminal Code and Punishment Execution Code of the Republic of Lithuania. A set of proposals is presented based on the meticulous research conducted for this dissertation. These proposals are not only related to the interpretation of the provisions of the Republic of Lithuania Law on the Mutual Recognition and Enforcement of Judgments of the Member States of the European Union in Criminal Matters but also to the development of legal doctrine and legislation (de lege ferenda).
Dissertation Institution Vilniaus universitetas.
Type Doctoral thesis
Language Lithuanian
Publication date 2024