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Pending summons while out of the country

  • 29-03-2013 9:55pm
    #1
    Maxpv
    Registered Users, Registered Users 2 Posts: 55 ✭✭


    Hi guys,

    Just wondering what would happen, if there was an outstanding criminal case summons for somebody, and that person no longer lives in the country hence why they haven't been served yet, but the person still lives within the EU.

    Will an EU arrest warrant be issued or similar? Will said person be served the summons upon re-entry to the country? Will the summons expire after a while? Will the charges be eventually dropped?

    Thanks.


Comments

  • #2
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Blazr wrote: »
    Hi guys,

    Just wondering what would happen, if there was an outstanding criminal case summons for somebody, and that person no longer lives in the country hence why they haven't been served yet, but the person still lives within the EU.

    Will an EU arrest warrant be issued or similar? Will said person be served the summons upon re-entry to the country? Will the summons expire after a while? Will the charges be eventually dropped?

    Thanks.

    European Arrest Warrant is usually only issued in relation to serious crimes, while the rules allow a warrant to be issued if either a 4 month sentence has been passed or the crime carries minimum gravity of 1 year. Ireland does not usually issue warrants unless its serious, unlike some other countries.

    If a warrant is not served then when a person returns it can be served and proceedings commenced, but of course any accused could make a delay argument. Same may or may not be successful.


  • #3
    Victor
    Registered Users, Registered Users 2 Posts: 78,494 ✭✭✭✭Victor


    Note that some countries have mandatory prosecution and will issue European Arrest Warrants for minor matters.


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