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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3.2. NATIONAL FRAMEWORK
CONCERNING DEPRIVATION
OF LIBERTY
National legislation provides for several cases where the
person may be deprived of liberty. This might be done
both during a pre-trial investigation and as a punishment.
The most frequently applied and the most restrictive
measures of human rights are temporary apprehension
and pre-trial detention.
Additionally, a person's liberty may also be restricted in
order to determine the person's mental state. During a
pre-trial investigation or trial, a person may be sent to
an expert examination institution in order to assess the
person's mental health state, in which case the time spent
in the institution is included in the time of their arrest. It
is important to note that both the Law on Mental Health
Care and the Civil Code of the Republic of Lithuania
imposes liability on persons, who have unlawfully
restricted the freedom of a natural person, and they
in such a case must compensate the material and nonmaterial damage caused to the person.56
Related details are even outlined in the Constitution of
the Republic of Lithuania.
Juodkaitė D. (2017) Persons with Intellectual and/or Psychosocial
Disabilities. Strengthening Procedural Rights in Criminal Law. Analysis of the
Situation in Lithuania. Available in Lithuanian at: https://bit.ly/3FbN6cj.
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