NATIONAL LEGAL AND POLICY FRAMEWORK CONCERNING DEFENDANTS AND PERSONS DEPRIVED OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE 55 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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