NATIONAL LEGAL AND POLICY FRAMEWORK CONCERNING DEFENDANTS AND PERSONS DEPRIVED
OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE
59
3.2.3. ASSESSMENT OF INTELLECTUAL
AND/OR PSYCHOSOCIAL
DISABILITIES
Liuiza v. Lithuania, No. 13472/06, judgment
of 31 July 2012
The provisions of Article 141 of the Code
of Criminal Procedure of the Republic of
Lithuania provide that in the event that
the suspect (accused) needs to undergo
a forensic medical or forensic psychiatric
examination during the investigation or trial
of a criminal case, they may be transferred
to an examination institution and held there
until submission of the expertise report
to the prosecutor or the court. According
to part 2 of this article, if the psychiatric
examination of the court determines that
the suspect is dangerous to society due
to their state of mental health, the time
of their stay in the examination institution
may be extended by the judge's order, or
the suspect may be transferred to another
special institution until the court decides
on the imposition of compulsory medical
measures. In order to ensure that the legal
process for the involuntary placement of a
person in a psychiatric institution complies
with the requirements of Article 5(1)(e) of
the European Convention of Human Rights,
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