NATIONAL LEGAL AND POLICY FRAMEWORK CONCERNING DEFENDANTS AND PERSONS DEPRIVED
OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE
84
that a person may pose to their own or others’ life or
health (the Supreme Court ruling in a criminal case No.
2K-343-648/2015) and two criteria that must be evaluated
by the court when extending, changing or discontinuing
the application of compulsory medical measures: 1) a
person's mental health status, and 2) the social danger of
the person related to it.107
What specific measures apply to an individual person who
has committed an act prohibited by the Criminal Code,
is decided by the court in accordance with the law, after
assessing the degree of dangerousness of the act, the
dangerousness of their personality and the conclusions of
the psychiatric examination and the recommendations set
out in those.
The outcome of a compulsory medical measures case
depends on the person's condition and the outcome of
the pre-trial investigation. According to Article 403 of the
Code of Criminal Procedure, the court may issue one of
the following orders:
1. To impose a compulsory medical measure on a
person - if it is proven that he or she has committed
an act prohibited by criminal law while being not
criminally responsible;
2. Exempting a person from criminal liability and
imposing a compulsory medical measure on him or
her - if it is proved that he or she has committed an
Resolution of the Criminal Division of the Panevėžys Regional Court of
4 March 2022 in criminal case No 1S-20-366/2022.
107
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