NATIONAL LEGAL AND POLICY FRAMEWORK CONCERNING DEFENDANTS AND PERSONS DEPRIVED OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE 45 interests. The experts point out that the legislator, in Article 51 (Necessary presence of a defence counsel), when outlining the cases in which the presence of a defence counsel is necessary, specifies in Article 51(1) that the presence of a defence counsel is only necessary in the context of the examination of a criminal case (not including the "investigating", i.e., the pre-trial examination).49 Article 52(2) of the Code of Criminal Procedure of the Republic of Lithuania stipulates that the pre-trial investigation officer, the prosecutor and the court shall not be obliged to accept the waiver of a defence counsel from a person who, due to a mental deficiency, is not capable of exercising his/her own right to a defence. The aim of this rule is to protect a person who, due to his/her intellectual and/or psychosocial disability, is not able to accurately understand the seriousness of his/her offence, the particularities of the proceedings and the arguments of the defence. A pre-trial investigation involving a person with intellectual and/or psychosocial disability may be carried out in accordance with the general procedure, or it may be converted into a compulsory measures procedure. The procedure for compulsory medical measures (Article 393 of the Code of Criminal Procedure) is initiated when the pre-trial investigation establishes that a person is not criminally responsible, has limited capacity, or has suffered a mental disorder as a result of the commission Ivanovas A. Įtariamojo, kaltinamojo su psichikos sutrikimais teisių ir teisėtų interesų užtikrinimas. Magistro baigiamasis darbas. Vilnius, 2006. 49