Proporcingumo principo reikšmė Europos arešto orderio taikymo kontekste
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Currently, the national criminal proceedings, governing law - the Criminal Procedure Code does not contain law measures to the General Prosecutor's Office refused to issue a European arrest warrant and the proportionality of cost criteria. European arrest warrant and the person taking over the European Arrest Warrant not to issue regulations to establish a European arrest warrant for a minor crime, which has been made significant property damage. An executive can not act to broaden the limits of the law. Problem is solving according to CPC Article 691 of the provision to charge for issuing the European arrest warrant initiation of the authorities not to apply to the entities responsible for issuing this legal instrument, if the European arrest warrant issued do not meet the proportionality and the principle of procedural economy, or the General Prosecutor's Office refused to issue a European arrest warrant, if decided that the issue of cross-border criminal instrument, contrary to the principles of proportionality and procedural economy. Another solution - for acts causing minor property damage, the criminal law penalties not involving deprivation of liberty or to less than 1 year imprisonment. It is also concluded that pre-trial investigating officers have applied to other alternative procedures that require less input from both the person sought and the executing state. Ensuring the objectives of criminal law and the proportionality principle for the resolution of the European arrest warrant issuance or transfer of a person under the European Arrest Warrant are two legal good, which must ensure a balance between the national legal regulation.
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