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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3.2.8. SERVING THE SENTENCE
A person with a psychosocial and/or intellectual disability
may be found fully criminally responsible and, if found
guilty of a crime, may be punished with imprisonment. In
Lithuania, there is no separate imprisonment procedure
for persons with disabilities, and there are no special
places of deprivation of liberty adapted for this purpose.
Pursuant to Article 76 of the Criminal Code, a person
who is ‘mentally disturbed’ after committing a criminal
act or being sentenced, and as a result of which they are
incapable of understanding the nature of their actions
or controlling them shall be released from serving the
undischarged term of the sentence. In releasing this
person from a penalty, the court shall decide whether
to impose upon them compulsory medical treatment. In
the event of convalescence of this person, they may be
ordered to serve the undischarged term of the sentence.
In such a case, the period during which the person was
undergoing compulsory medical treatment shall be
included in the term of a custodial sentence on a day-forday basis.
If a person’s mental health worsens while the sentence is
already being served, the case regarding the exemption
from the sentence and/or the application of compulsory
medical treatment is considered by the court of the place
of execution of the sentence. The court hearing must
be attended by the prosecutor and defence counsel.
Circumstances that are of fundamental importance
in deciding on the application of compulsory medical
measures are determined at the court hearing: an
expert's opinion on the mental state of the convicted
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