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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Moreover, there is currently no obligation for the
prosecutor to perform an assessment of the legality
or reasonableness of temporary apprehension, when
this measure of procedural coercion is appointed by
the pre-trial investigation officer. In addition, there is
no requirement to determine the person's identity and
perform procedural steps immediately after arresting a
person caught at the scene of a crime.64 For this reason,
the Ministry of Justice, together with representatives
of the Prosecutor General’s Office, the Lithuanian Bar
Association, the Police Department, the Council of
Judges and other institutions, prepared a law65 on the
amendment of the Code of Criminal Procedure, which
proposes to more clearly regulate the procedure of
temporary apprehension. The law was successfully passed
in the Parliament, and the new procedure entered into
force on 1st October 2022.
According to the amendment, temporary apprehension
without catching a person at the scene of or immediately
after the commission of a criminal offence can be ordered
by a prosecutor or a pre-trial investigation officer only in
exceptional cases and only if all the following conditions
are met:
64 Liutkevičius K. (2012) Sulaikymo ir suėmimo reglamentavimas ir
taikymas Lietuvoje. Available in Lithuanian at: https://bit.ly/3ZPxYLf.
65 Draft law amending Article 140 of the Code of Criminal Procedure,
No. XIVP-109(2), 2020. Available in Lithuanian at: https://bit.ly/3PLfF5j.
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