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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application of compulsory medical treatment is to treat
a person who has committed an act prohibited by law,
by supervising or isolating them from society during
their treatment, in order to protect both society from
possible dangerous acts of such a person, and the person
who committed a prohibited act from the dangers that
threaten themselves.105
The application of these measures belongs exclusively
to the competence of the court, which, when choosing
the type of a medical measure, takes into account the
main criteria established by the criminal law, as well as
the conclusion of the health care institution, which is of
a recommendatory nature.106 Article 98 of the Criminal
Code establishes the possibility of applying ambulatory
monitoring in the conditions of primary mental health
care or inpatient monitoring in conditions of general or
enhanced or strict monitoring in specialised mental health
care institutions as needed. This article does not specify
for which dangerous acts the court may impose any of
the aforementioned compulsory medical measures.
According to the criminal law, the court has the discretion
to decide on the need to apply compulsory medical
measures to a person and to choose the type of such
measures. On the other hand, the criminal law establishes
the main criteria that the court takes into account when
choosing the measures: 1) mental health condition and
its severity, 2) the nature of the act committed, 3) danger
Decisions of the Supreme Court in criminal cases Nr. 2K-343-648/2015,
2K-328-648/2017.
106 Resolution of the Panevėžys Regional Court of 4 March 2022 in criminal
case No 1S-20-366/2022.
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