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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effective procedural guarantees against
arbitrariness must be ensured. According
to Article 5(1)(e) of the Convention, liberty
may be deprived only if three minimum
conditions are met, as follows: 1) it must
be reliably proven that the person has a
mental health condition; 2) the mental health
condition must be of such a type or degree
as to necessitate involuntary treatment;
3) the validity of continued imprisonment
depends on whether the individual continues
to have such a mental health condition.72
In accordance with the Code of Criminal Procedure of the
Republic of Lithuania, if the investigation or prosecution
of a criminal case requires the examination of a forensic
or forensic psychiatric examination, the suspect may be
transferred to an examination institution by an order of a
pre-trial investigation judge or court and kept there until
the examination report is submitted to a prosecutor or
court. A forensic psychiatric examination of a person shall
be permitted only if there is sufficient evidence to show
that it is the person who has committed an act prohibited
by criminal law which is the subject of the investigation.
The time spent in the forensic institution shall be included
in the time of detention. If the forensic psychiatric
examination establishes that the suspect is dangerous to
the public due to their mental health condition, the judge
may extend their stay in the forensic institution or the
European Court of Human Rights 31 July 2012 Judgment in Liuiza v.
Lithuania, Application No. 13472/06.
72
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