NATIONAL LEGAL AND POLICY FRAMEWORK CONCERNING DEFENDANTS AND PERSONS DEPRIVED OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE 44 is applied (Articles 392-406 of the Code of Criminal Procedure), and the general rules of the Code of Criminal Procedure apply to criminal offences committed by persons who are unable to exercise their rights of defence due to mental health conditions, providing additional procedural guarantees to suspects and accused persons: a mandatory participation of the defender (Article 51 (1) (2) of the CCP), and optional waiver of a defence counsel (Article 52 (2) of the CCP). The right of a suspect or accused person to a defence is a constitutional principle which the suspect or accused person exercises himself or through a defence counsel of his choice. Since mental disorders (intellectual and/ or psychosocial disabilities) in criminal proceedings limit the ability of suspects and accused persons to perceive and reproduce circumstances relevant to their defence, to exercise independently all procedural rights and guarantees, to fulfil all procedural obligations and to be held responsible for their non-fulfilment, this must be compensated for by legal measures (mandatory presence of a defence counsel in criminal proceedings).48 Article 51 of the Code of Criminal Procedure of the Republic of Lithuania establishes a mandatory provision that "the presence of a defence counsel is necessary in the trial of persons who are mentally incapable (not fit to stand trial) of exercising their right to defence". In such a case, the defence counsel becomes the principal defender and guarantor of rights and legitimate Ivanovas A. Įtariamojo, kaltinamojo su psichikos sutrikimais teisių ir teisėtų interesų užtikrinimas. Magistro baigiamasis darbas. Vilnius, 2006. 48