Does it contain all the relevant information required to be a valid document?
Is the location of the facts in your country or in a third country?
Ask the court for a translator if the EAW form or Schengen entry is not in your language
Consult with your client and:
Ask the court for an interpreter if your client cannot speak your language
Check that your client is actually the requested person identified in the EAW
Check whether your client has been given an EAW Letter of Rights pursuant to Annex II Directive 2012/13/EU in a language she understands and, if not, ask the court to give her one
Check that your client has not been tried for the same facts in any other country
Check whether your client is old enough to be held criminally liable in your country
Check whether there has been an amnesty for that crime in your country
Check whether the facts are a crime in your country or if they are a “list offence” exempt from dual criminality
Check whether your client is being or has been prosecuted in your country for the same facts
If your client could be tried for the EAW facts in your country, check for statute limitation
Check whether your client has other cases pending in your country or any other country
If your client is a national or a resident of your country, ask him if he wants to serve his sentence there
If your client has already been convicted, ask if he was present at his trial or informed of the trial date
Do not advise to consent or waive the specialty principle without consulting an Issuing State Lawyer
Ask your client if he has any concerns about returning to the Issuing State (e.g. health, family, fairness of trial, prison conditions)
Ask your client about his work, social and family ties in your country to apply for release from detention
Contact an Issuing State Lawyer to:
Consult the case files in the Issuing State
Advise on the applicable law and procedure
Check if the EAW can be withdrawn or substituted by other measures (e.g.,service of papers, hearing by video-link, payment of fine) or voluntary appearance
