NATIONAL LEGAL AND POLICY FRAMEWORK CONCERNING DEFENDANTS AND PERSONS DEPRIVED
OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE
57
3.2.2. PRE-TRIAL DETENTION
Another measure applied during criminal proceedings
that restricts a person's freedom is pre-trial detention.
It is one of the pre-trial measures (procedural coercive
measures) provided for in the Code of Criminal Procedure
to ensure the participation of the suspect, accused or
convicted person in the process, unhindered pre-trial
investigation, trial and execution of the sentence, as
well as to prevent new criminal acts. In this case, arrest,
intensive care, house arrest and other measures not
related to deprivation of liberty are prescribed.66
Pre-trial detention of a suspect can only be ordered by
a pre-trial investigation judge or a court and only if one
of the four grounds established by the Code of Criminal
Procedure exists: there must be a reasonable belief that
the suspect will flee or hide, obstruct the process, commit
new crimes, or a request to extradite the suspect to a
foreign state must be received.67 ŠTwo conditions are also
necessary for the application of this pre-trial measure:
the goals set for the arrest cannot be achieved by less
severe, non-custodial measures, and the criminal offence
of which the person is suspected must be punishable by
more than one year of imprisonment.68
Liutkevičius K. (2012) Sulaikymo ir suėmimo reglamentavimas ir taikymas
Lietuvoje. Available in Lithuanian at: https://bit.ly/3ZPxYLf.
67 Article 122(1) and (5) of the Code of Criminal Procedure of the Republic
of Lithuania, No. IX-785, 14 March 2002. Available at: https://bit.ly/3tMjRdy.
68 Article 122(7) and (8) of the Code of Criminal Procedure of the Republic
of Lithuania, No. IX-785, 14 March 2002. Available at: https://bit.ly/3tMjRdy.
66
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents