Kurganas v Prosecutors General Office Lithuania

Kurganas v Prosecutors General Office Lithuania

The appellant is a fugitive from justice, having left Lithuania knowing he was accused of serious dishonesty offences, and therefore cannot rely on section 14 of the Extradition Act 2003 or Article 8 ECHR to resist extradition.

Source-derived case information.

Parties
Appellant: Arunas Kurganas; Respondent: Prosecutors General Office Lithuania
Jurisdiction
England and Wales
Judgment Date
29 January 2013
Procedural Posture
Extradition Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Extradition, Fugitive Status, Oppression Under Section 14 Extradition Act 2003, Article 8 ECHR
Criminal Law Extradition Law Extradition Fugitive Status Oppression Under Section 14 Extradition Act 2003 Article 8 ECHR

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Summary, issues, holding and outcome

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Parties

Arunas Kurganas

Appellant

Prosecutors General Office Lithuania

Respondent

Procedural Posture

Extradition Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant is a fugitive from justice and thus precluded from relying on section 14 of the Extradition Act 2003
  2. 2 Whether the passage of time or Article 8 ECHR prevents extradition

Ratio Decidendi

The appellant is a fugitive from justice, having left Lithuania knowing he was accused of serious dishonesty offences, and therefore cannot rely on section 14 of the Extradition Act 2003 or Article 8 ECHR to resist extradition.

Court Disposition

appeal dismissed

Orders

  • extradition order upheld
  • legally aided costs granted