NATIONAL LEGAL AND POLICY FRAMEWORK CONCERNING DEFENDANTS AND PERSONS DEPRIVED OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE 83 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. 105

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