NATIONAL LEGAL AND POLICY FRAMEWORK CONCERNING DEFENDANTS AND PERSONS DEPRIVED OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE 43 The mental health diagnoses that are grounds for declaring a person to be not criminally responsible or of limited criminal capacity are only a small proportion of the possible mental health diagnoses that are of criminal procedural significance. Therefore, criminal procedural law theory defines the term criminal procedural incapacity or diminished capacity (fitness to stand trial) to include not only those diagnoses which render a person not criminally responsible, but also those which do not result in a state of incompetence or diminished capacity, but which impede the ability of persons to exercise their procedural rights and legitimate interests.46 A person can only be declared incapacitated in a particular area by court in accordance with civil procedure, and this does not affect the person's lack of criminal responsibility, and vice versa, a person declared not criminally responsible does not automatically become incapacitated (not fit to stand trial).47 In the criminal case No. 2K-569/200531, the Supreme Court of Lithuania clarified that mental health conditions are important both in the criminal legal sense, in resolving the problems of criminal legal capacity, and in the procedural legal sense, considering the different procedures of investigation and examination of criminal cases. In cases of dangerous acts committed by persons who were found to be not criminally responsible, the process of imposing compulsory medical measures Ivanovas A. Įtariamojo, kaltinamojo su psichikos sutrikimais teisių ir teisėtų interesų užtikrinimas. Magistro baigiamasis darbas. Vilnius, 2006. 47 Kaunas Regional Court ruling of 22 September 2016 in criminal case No. ATP-785-478/2016. 46