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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3.2.7. COMPULSORY MEDICAL
TREATMENT
The application of criminal liability differs when a person
is found to be 1) not criminally responsible and 2)
partly criminally responsible. A person found to be not
criminally responsible in a particular case shall not be
prosecuted. In such cases, compulsory medical measures
are imposed in accordance with Article 98 of the Criminal
Code. A person declared partly incapable to be found
criminally responsible shall be liable under criminal law;
however, the sentence may be reduced, or a person may
be released from criminal liability and may be subject to
penal sanctions or compulsory medical measures.
The court imposes compulsory medical treatment
prescribed in the Criminal Code of the Republic of
Lithuania in three cases: 1) for persons found not
criminally responsible (legally incapacitated), 2) for
persons found partly criminally responsible (of diminished
capacity)93, and 3) for persons who, after committing a
criminal act or having been imposed a penalty, develop
a mental health condition rendering them incapable of
understanding the nature of their actions or controlling
them. After committing a serious or very serious crime
and being found to be of diminished capacity, a person is
Compulsory medical treatment measures for people who were found
partly criminally responsible can only be applied after pre-trial investigation
has been completed and the case has been examined at a court hearing,
as a mandatory condition is related to the resolution of the question of
the guilt of such a person and the release from criminal liability. Bučiūnas,
G., Gruodytė, E., Šalčius, M. (2017) Ikiteisminis tyrimas: procesiniai,
kriminalistiniai ir praktiniai aspektai.
93
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