NATIONAL LEGAL AND POLICY FRAMEWORK CONCERNING DEFENDANTS AND PERSONS DEPRIVED
OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE
89
person is heard, employees of the penal institution and
other persons are questioned, as well as other data
on the behaviour of the convicted person after the
imposition of the sentence are checked. The court must
resolve the following questions when issuing a ruling:
1) whether the convicted person has a mental health
condition after the imposition of the sentence and, as a
result, cannot understand the essence of their actions or
control them; 2) whether and what compulsory medical
measures are applicable to the convicted person.
Pursuant to the order of the Minister of Justice of the
Republic of Lithuania ‘Description of the procedure
for checking the health status of convicts with serious
incurable or mental illness’, a convict serving a sentence
of arrest or deprivation of liberty, for whom the doctor
of the place of deprivation of liberty suspects a serious
incurable physical illness or mental health condition, due
to which they are unable to understand the essence of
their actions and control them, is brought to the Central
Prison Hospital for a medical check-up.111 The doctor, who
has checked the state of health of the convicted person
and found that they have a mental health condition, due
to which they cannot understand the essence of their
actions and control them, notes this in the medical record
of the convicted person's medical history and submits
its extract to the head of the Central Prison Hospital.
After receiving the specified documents, the head of the
Order of the Minister of Justice of the Republic of Lithuania and
the Minister of Health of the Republic of Lithuania “On the Approval of
the Procedures for the Examination of the Health Condition of Convicted
Prisoners with Serious Incurable or Mental Illnesses, No 1R-308/V-1247, 27
December 2013. Available in Lithuanian at: https://bit.ly/3tm3Mel.
111
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