NATIONAL LEGAL AND POLICY FRAMEWORK CONCERNING DEFENDANTS AND PERSONS DEPRIVED OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE 46 of the offence, and is unable to comprehend the substance of his/her actions or to control them (is not fit to stand trial). Article 396(3) of the Code of Criminal Procedure states that in proceedings for compulsory medical measures, the presence of a defence counsel is necessary from the moment of the adoption of the order for a psychiatric examination, if the defence counsel has not previously participated in the proceedings on general grounds. According to the Article 53(1) of the Code of Criminal Procedure, in addition to lawyers, suspects and accused persons have the right to have a legal representative (e.g., a parent or guardian) who can participate in the proceedings and defend the interests of the person represented. According to the law, a suspected or accused person may have a legal representative in criminal proceedings only in two cases: if the person is a minor or has been declared incapacitated (not fit to stand trial) in accordance with the established procedure. A family member or close relative of a person who has not been declared incapacitated in accordance with the established procedure, but who, due to old age, disability, illness or other important reasons, is unable to properly exercise the rights conferred by law, may be allowed to take part in the proceedings in the capacity of a representative in accordance with the law on the basis of the prosecutor's decision or the court's order, upon a written or oral requests.50 Article 53(4) of the Code of Criminal Procedure of the Republic of Lithuania. 50