NATIONAL LEGAL AND POLICY FRAMEWORK CONCERNING DEFENDANTS AND PERSONS DEPRIVED
OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE
52
investigation officer or prosecutor, in cases where there
are grounds and conditions for detention of the person.58
The Code of Criminal Procedure sets a maximum
apprehension period of forty-eight hours.
Temporary apprehension cannot last longer than it
is necessary to determine the identity of the person
and to carry out the necessary steps of the process.
A temporarily detained person must be interrogated
as a suspect no later than twenty-four hours after
their delivery to the pre-trial investigation institution
or prosecutor's office. According to the CCP, an
apprehended person must be released immediately if the
suspicion that they have committed a criminal offence
has not been confirmed, it has been determined that the
grounds and conditions for the apprehension are not
necessary; the apprehension period stipulated by law has
expired; or the court makes a decision to refuse to order
apprehension.
Experts have repeatedly pointed out that temporary
apprehension is used too often and pre-trial investigation
officers tend to abuse it.59 According to the Ministry of
Justice, officers arrest about 19,000 persons suspected
of committing crimes on average per year, of which up
to 2,000 persons are apprehended outside of the crime
scene.60
The Code of Criminal Procedure of the Republic of Lithuania, 2002, No.
IX-785. Available at: https://bit.ly/3tMjRdy.
59 Liutkevičius K. (2012) Sulaikymo ir suėmimo reglamentavimas ir taikymas
Lietuvoje. Available in Lithuanian at: https://bit.ly/3ZPxYLf.
60 Information from the Ministry of Justice of the Republic of Lithuania,
2021. Available in Lithuanian at: https://bit.ly/3rKsLaV.
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