EAW Defence Checklist

Check the EAW form or Schengen-Entry:

  • 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  • Check if the EAW can be withdrawn or substituted by other measures (e.g.,service of papers, hearing by video-link, payment of fine) or voluntary appearance
  • Obtain evidence to support client’s account