NATIONAL LEGAL AND POLICY FRAMEWORK CONCERNING DEFENDANTS AND PERSONS DEPRIVED OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE 80 1. Before the judgment has become final and has been enforced, the court takes charge of the case and decides to start the process of applying compulsory medical measures; 2. Where the sentence has already been enforced, the court of the place of enforcement shall, on application by the executing authority, decide to initiate proceedings for the imposition of compulsory medical measures on the basis of the criminal record.100 The basis for the transition from the pre-trial investigation in the general procedure to the process of application of compulsory medical treatment is the obtaining of the court psychiatric examination report101, which states that: 1) at the time of committing a crime, a person was unable to appreciate the dangerous nature of the act or to control their behaviour; 2) a person develops a mental health condition after the commission of a criminal act before the case was brought to court; or 3) a person is ‘mentally disturbed’ at the time of the forensic psychiatric examination and there is no way to determine whether it occurred during the commission of the act or after it was committed.102 It is notable that one of the research Article 394 of the Code of Criminal Procedure of the Republic of Lithuania, 2002, No. IX-785. Available at: https://bit.ly/3tMjRdy. 101 Bučiūnas, G., Gruodytė, E., Šalčius, M. (2017) Ikiteisminis tyrimas: procesiniai, kriminalistiniai ir praktiniai aspektai. 102 Order of the Prosecutor General of the Republic of Lithuania “On the Recommendations on the Procedure for the Application of Compulsory Medical Measures in Pre-Trial Investigation”, No I-125, 13 May 2013. 100