NATIONAL LEGAL AND POLICY FRAMEWORK CONCERNING DEFENDANTS AND PERSONS DEPRIVED OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE 62 law was committed by that particular person; c) whether the person who committed the act prohibited by the criminal law has suffered from mental health conditions in the past, the severity and nature of those at the time when the offense was committed, during the pre-trial investigation, court proceedings or after the imposition of the sentence; d) what is the behaviour of the person who committed the act prohibited by the criminal law both before and after the commission of the act; d) the nature and extent of the damage caused by an act prohibited by criminal law.74 The court must determine two criteria in determining the criminal legal incapacity of a person in each individual case: legal (psychological) and medical (biological). The absence of at least one of these two criteria precludes a person from being considered not criminally responsible.75 For example, a person may have a mental health condition (such as depression or bipolar diagnosis), but in the absence of a legal criterion – an inability to understand and control one’s actions – there is no basis for declaring a person fully incapable to be found criminally responsible. Article 395 of the Code of Criminal Procedure of the Republic of Lithuania. 75 Resolution of the Supreme Court of Lithuania of 10 October 2012 in criminal case No 2K-417. 74