NATIONAL LEGAL AND POLICY FRAMEWORK CONCERNING DEFENDANTS AND PERSONS DEPRIVED OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE 50 3.2. NATIONAL FRAMEWORK CONCERNING DEPRIVATION OF LIBERTY National legislation provides for several cases where the person may be deprived of liberty. This might be done both during a pre-trial investigation and as a punishment. The most frequently applied and the most restrictive measures of human rights are temporary apprehension and pre-trial detention. Additionally, a person's liberty may also be restricted in order to determine the person's mental state. During a pre-trial investigation or trial, a person may be sent to an expert examination institution in order to assess the person's mental health state, in which case the time spent in the institution is included in the time of their arrest. It is important to note that both the Law on Mental Health Care and the Civil Code of the Republic of Lithuania imposes liability on persons, who have unlawfully restricted the freedom of a natural person, and they in such a case must compensate the material and nonmaterial damage caused to the person.56 Related details are even outlined in the Constitution of the Republic of Lithuania. Juodkaitė D. (2017) Persons with Intellectual and/or Psychosocial Disabilities. Strengthening Procedural Rights in Criminal Law. Analysis of the Situation in Lithuania. Available in Lithuanian at: https://bit.ly/3FbN6cj. 56

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