| Abstract [eng] |
To release a person from the punishment is a prerogative and the basics of release from the punishment because of the disease is one of the possibilities for the punished person realize criminal responsibility without extreme means. Courts use too large power of attorney which are regulated by Criminal Code and the Criminal Procedure Code, which define the right but not the duty to act one way or another. The matching of the disease of a person to the "List of Severe and incurable disease" is not the obligatory factor when the release from the punishment is discussed. When the severe and incurable disease are not in the List, the incurable convicted is discriminated. The description of limited tolerance because of the mental disorder is not the same in the Lithuanian Criminal Code and the Codes of other countries. In Lithuanian Courts responsibility is evaluated in two ways: a person of limited liability may be taken as a subject of coercive medical measures or such a person is a subject of criminal proceedings when it depends on right of the Court to appoint the psychiatric examination. The limited responsibility makes possible to imitate some mental disorder. |
