NATIONAL LEGAL AND POLICY FRAMEWORK CONCERNING DEFENDANTS AND PERSONS DEPRIVED OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE 78 Article 394 of the CPC regulates the commencement of proceedings for compulsory medical measures. If it is established that the person is not criminally responsible, the prosecutor or the court shall take the following decisions: 1. The pre-trial investigation officer transmits the investigation material to the prosecutor. Where there are grounds, the public prosecutor shall record a resolution to initiate proceedings for the application of compulsory medical measures and shall instruct the pre-trial investigation body to carry out the pre-trial investigation, or shall carry it out himself; 2. The judge or court makes an order in the course of the trial to initiate proceedings for compulsory medical measures. The judge shall refer the case to a trial after receiving it from the public prosecutor. The trial must include questioning of victims and witnesses, verification of other evidence that the person has committed an offence prohibited by criminal law, hearing an expert's opinion on the person's incapacity or diminished capacity (criminal responsibility), and verification of other circumstances that are essential for deciding whether to impose compulsory medical measures.98 Article 400(2)of the Code of Criminal Procedure of the Republic of Lithuania, 2002, No. IX-785. Available at: https://bit.ly/3tMjRdy. 98