NATIONAL LEGAL AND POLICY FRAMEWORK CONCERNING DEFENDANTS AND PERSONS DEPRIVED
OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE
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Article 20 of the Constitution of the Republic
of Lithuania
Human liberty shall be inviolable.
No one may be arbitrarily apprehended or
detained. No one may be deprived of their
liberty otherwise than on the grounds and
according to the procedures established by law.
A person apprehended in flagrante delicto must,
within 48 hours, be brought before a court for
the purpose of deciding, in the presence of this
person, on the validity of the apprehension. If
the court does not adopt a decision to detain
the person, the apprehended person shall be
released immediately.
3.2.1. TEMPORARY APPREHENSION
Temporary apprehension in the legal system of the
Republic of Lithuania is understood as a procedural
coercive measure limiting the freedom of a person57 and
can be applied in two cases: 1) a prosecutor or a pretrial investigation officer can apprehend a person when
they are caught committing a criminal act or immediately
after they have committed it, (in order to determine
the identity of the person and ensure that the person
does not escape); or 2) by the decision of the pre-trial
Goda, G., Kazlauskas M. and Kuconis, P. (2011) Baudžiamojo proceso
teisė.
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