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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participants shared during the interview that they in
fact rejected the proposal to have a forensic psychiatric
examination in the past due to the negative reputation,
which the Forensic Psychiatric Hospital had at the time
related to over-medicalisation of patients (Interview No.
7).103 Nevertheless, under the current legal framework, a
person's consent is not required for an inpatient forensic
psychiatric examination and the court decides whether it
is appropriate to order one.
The person who is the subject of proceedings for
compulsory medical measures acquires a new procedural
status, different from that of a suspect or accused person.
The Code of Criminal Procedure does not oblige the
court or the public prosecutor to inform the person of the
forensic psychiatric expert's report, nor to inform him/
her of the referral of the case to trial: according to Article
399(1) of the Code of Criminal Procedure, the judge is
obliged to inform the legal representatives of the person
concerned or the members of his/her family or next-ofkin, as well as the defence and the public prosecutor of
this fact, and to order the summoning of witnesses, the
victims and the experts. It can be concluded that further
pre-trial investigation and proceedings take place in the
absence of such a person.104 He or she may exercise the
following rights in the proceedings:
Quote from one of the semi-structured interviews.
Stankūnaitė J. (2008) Priverčiamųjų medicinos priemonių taikymo
procesas: teorinės ir praktinės problemos.
103
104
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