NATIONAL LEGAL AND POLICY FRAMEWORK CONCERNING DEFENDANTS AND PERSONS DEPRIVED
OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE
87
defence counsel, the victim, his or her representative
and the public prosecutor about the proceedings
for the extension, modification or revocation of the
compulsory medical measure, and the place and time of
the hearing.109 The burden of proof lies with the medical
board that has to provide proof of the health state. The
Code doesn't ensure a right to ask for a review, but a
person can appeal the decision to continue the measures.
The judge shall have the right to require the attendance
at the hearing of a person whose compulsory medical
measure is being extended, varied or revoked, provided
that, according to the opinion of the medical board, the
nature of his illness does not preclude it.
If the person is declared cured by a medical board, the
court decides whether to revoke the coercive medical
measure and whether to refer the case for pre-trial
investigation or to refer the case to the courts for a
general trial, or whether to send the person to continue
serving the sentence.110 The time spent in a healthcare
facility shall be counted towards the period of detention
and sentence. Since the court reviews the measures every
six months, the Code of Criminal Procedure does not
provide for the right of a person who has been subjected
to compulsory medical measures to apply for a review
of the decision or for the revocation of the compulsory
medical measures.
Article 405(4) of the Code of Criminal Procedure of the Republic of
Lithuania, 2002, No. IX-785. Available at: https://bit.ly/3tMjRdy.
110 Article 406(1) of the Code of Criminal Procedure of the Republic of
Lithuania, 2002, No. IX-785. Available at: https://bit.ly/3tMjRdy.
109
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