Fact sheet on European Arrest Warrant (EAW)

It bugs me not knowing or not understanding things (in general)  and this time, no matter how much i try to understand the European Arrest Warrant issued on Julian Assange, i simply can’t seem to find the logic around it.

And so i went digging into the EU’s Criminal Legislation [check the pdf] online files and i bumped into a fact-sheet on the EAW.

For general principles, procedures and ground for refusal on the EAW, visit: Judicial cooperation in criminal matters: European arrest warrant page of the EU Legislation.

I still need to read a lot of these files, but one thing is clear: once a EAW has been issued, it cannot be undone and MUST be executed.

The EAW provides that the executing Member State must execute a EAW – and surrender the suspect to the issuing Member State – for these 32 offences, if they are punishable under the laws of the issuing Member State by imprisonment for more than three years.

According to the principles and requirements the warrant is invalid under the fact that Assange was wanted for questioning only in Sweden.

An EAW can only be issued for the purposes of conducting a criminal prosecution (not merely an investigation), or enforcing a custodial sentence. An EAW can only be issued for offences carrying a maximum penalty of 12 months or more. Where sentence has already been passed an EAW can only be issued if the prison term to be enforced is at least four months long.

If you wish to know more about EAW, read the European arrest warrant and the surrender procedures between Member States amending act. I am off to read the rest of the files.

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