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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The court decides on the compulsory medical measures
by means of an order, which must resolve the following
issues:
1. Whether an act prohibited by criminal law has been
committed;
2. Whether the act prohibited by criminal law was
committed by the person whose case is being
examined;
3. Whether the act prohibited by the criminal law was
committed by the person concerned while he or
she was incapacitated (not criminally responsible)
or while his or her capacity was limited;
4. Whether, after the commission of the offence,
the person has suffered a mental disorder which
renders him or her incapable of understanding
the substance of his or her acts or of controlling
them, and whether this is not a temporary mental
disorder which requires only an adjournment of the
proceedings;
5. Whether a compulsory medical measure is to be
imposed and which one.99
It should be noted that a person can become not
criminally responsible even after the imposition of
a sentence. In such a case, the court shall make the
following decisions:
Article 401 of the Code of Criminal Procedure of the Republic of
Lithuania, 2002, No. IX-785. Available at: https://bit.ly/3tMjRdy.
99
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