NATIONAL LEGAL AND POLICY FRAMEWORK CONCERNING DEFENDANTS AND PERSONS DEPRIVED OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE 60 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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