What the issue of an EAW means

For those who don't know, under the rules of a EAW the person indicted either has to turn themself in or be arrested within 10 days - assuming he or she is in an EU country. He or she then has to be extradited within 90 days of issue of the warrant. This is regardless of the indicted person's nationality - he or she does not have to be an EU citizen.

An EAW cannot be issued if a case is just under investigation, the issuing authority has to have sufficient evidence to justify criminal procedings. In effect, the EAW is part of those criminal procedings. I assume from this the indicted person is not being arrested for questioning but to be charged with a criminal offence.

There are only 5 reasons for not granting extradition; a) the arrested person has already been convicted or acquitted of the same offense, b) the person's trial could be prejudiced due to race, religion or political opinions, c) too much time has passed since the offence, d) the person is below the age of criminal responsibility, e) the person has a physical or mental condition that prevents attendance at trial.

From this we can be pretty certain that, if he or she is in the UK (or elsewhere in the EU) then the indicted person will have to turn themself in or be arrested, extradited and subsequently tried.

If the indicted person has stated he or she is not guilty of the charge then, quite rightly, he or she remains innocent until proven otherwise. So, in the immediate term, it would probably have little or no impact on the material running of his or her buisness assets outside Lithuania, but the overall effect will be like the Sword of Damocles hanging over the people connected with those business assets.

I don't know how soon things come to trial in Lithuania and it could all end in acquittal anyway.

If found guilty, one can assume assets within the EU to the value of the subject crime could be siezed. This can take many years depending on the complexity of the person's investments.

So, this could run and run.

Not good.

 

Well researched and written.

However it doesn't sound like good news.

 

At least we know the guy exists!
A warrant out for Ali Al Faraj would have been hilarious!

 

Good article

 

Although the police will not divulge a name right now, I think you can take it that he has been collared in London this evening.
Before being extradited to Lithuania I guess he will be held incommunicado in this country, with out any chance of influencing events in companies in which he has an interest.
Wooperts is absolutely right to say that no one is guilty in advance of proceedings but I would not place a huge amount of faith in this being so in Lithuania. The record of former Soviet Bloc countries in this area is far from satisfactory.
I think you Pompey fans can only hope for a good outcome, but in truth it does not look too promising

 

Innocent until proved guilty but assets can sometimes be frozen pending a verdict.