NATIONAL LEGAL AND POLICY FRAMEWORK CONCERNING DEFENDANTS AND PERSONS DEPRIVED OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE 58 The order of arrest established by the Code of Criminal Procedure creates conditions for the frequent use of arrest.69 However, for the duration of the criminal proceedings, detention may not exceed two-thirds of the maximum penalty of deprivation of liberty laid down in the criminal law for the most serious offence for which the case is being investigated and tried. The European Commission’s Recommendation of 27th November 2013 on procedural guarantees for vulnerable persons suspected or accused in criminal proceedings70, notes that Member States’ legislation should emphasise that deprivation of liberty of persons with intellectual and/or psychosocial disabilities should only be applied as the last resort. However, the Code of Criminal Procedure does not provide for exceptions to the grounds for temporary detention or arrest for persons with intellectual and/or psychosocial disabilities. In addition, pre-trial detention facilities lack adequate accommodations, adaptation of conditions, and forensic psychiatry units do not have sufficient capacity to receive all suspects with mental health conditions, intellectual and/or psychosocial disabilities, so detention is often implemented in regular detention facilities, where individuals are not provided with accessible or appropriate support or medical care.71 Liutkevičius K. (2012) Sulaikymo ir suėmimo reglamentavimas ir taikymas Lietuvoje. Available in Lithuanian at: https://bit.ly/3ZPxYLf. 70 European Commission recommendation of 27 November 2013 on procedural safeguards for vulnerable persons suspected or accused in criminal proceedings (2013/C 378/02). Available at: https://bit.ly/48JeiN9. 71 Ludwig Boltzmann Institute of Human Rights, et al. (2018) Dignity in Court: Strengthening the Procedural Rights of Persons with Intellectual and/or Psychosocial Disabilities in Criminal Proceedings, p. 61. Available in Lithuanian at: https://bit.ly/3LUGMJZ. 69