Krompalcas v Prosecutor General's Office, Lithuania

Krompalcas v Prosecutor General's Office, Lithuania

The District Judge was entitled to find, to the criminal standard, that the appellant deliberately fled Lithuania to avoid prosecution; as such, he cannot rely on the passage of time bar unless there are most exceptional circumstances, which are not present. There is no sufficient evidence of injustice or unfairness in the extradition process or risk of an unfair trial in Lithuania.

Parties
Claimant: Antanas Krompalcas; Defendant: Prosecutor General's Office, Lithuania
Jurisdiction
England and Wales
Judgment Date
17 June 2008
Procedural Posture
Extradition Appeal / Appeal From Order for Extradition
Outcome
Appeal dismissed
Legal Topics
Passage of Time Bar, Fugitive From Justice, Fair Trial Rights, European Arrest Warrant
Criminal Law Extradition Law Passage of Time Bar Fugitive From Justice Fair Trial Rights European Arrest Warrant

Case Brief

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Parties

Antanas Krompalcas

Claimant

Prosecutor General's Office, Lithuania

Defendant

Procedural Posture

Extradition Appeal / Appeal From Order for Extradition

Legal Issues

  1. 1 Whether the appellant's extradition is barred by reason of the passage of time under sections 11 and 14 of the Extradition Act 2003
  2. 2 Whether the District Judge erred in finding the appellant was a fugitive from justice
  3. 3 Whether extradition would be unjust due to risk of unfair trial

Ratio Decidendi

The District Judge was entitled to find, to the criminal standard, that the appellant deliberately fled Lithuania to avoid prosecution; as such, he cannot rely on the passage of time bar unless there are most exceptional circumstances, which are not present. There is no sufficient evidence of injustice or unfairness in the extradition process or risk of an unfair trial in Lithuania.

Court Disposition

Appeal dismissed

Orders

  • Extradition order upheld
  • Detailed assessment of legal aid costs granted to the claimant's advocate