Nepakaltinamo asmens veika padarytos žalos atlyginimo klausimai
Questions of Compensation for Damage, Caused by the Criminally Insane Person’s Criminal Act

Summary/Abstract: The present article is aimed at dealing with certain questions of compensation for damage, caused by the criminally insane person. Disposal of a civil action on compensation for damage, caused by the criminally insane person, in the criminal procedure is analyzed in the first part of the article. The subjects, who are responsible for compensating for damage, caused by the criminally insane person’s deed, are dealt with in the second part. Not only the respective rules of law, stated in the Civil Code of the Republic of Lithuania and in the Criminal Process Code of the Republic of Lithuania, are systemically analyzed in the present article, but the court practice is considered from the aspect of the items, which are relevant to the theme under investigation, and is systematized. The question on compensation for damage, caused by the criminally insane person’s criminal act, cannot be judged in the criminal case. Being ruled by article 109 of the CPC while hearing the criminal case, only the damage, caused as a result of the accused person‘s criminal act, can be compensated. But the act, prohibited by the criminal law, which was committed by the criminally insane person, is not the criminal act for the reason that not all evidences of its constitution are present. As per the provisions of article 115 of the CPC, the court shall, with account of the admissibility of the grounds and amount of the claim, grant the claim filed, in full or in part, or dismiss it. The immediate rule of law, i.e. item 2 of part 3 of article 115 of the CPC, is practiced by the Lithuanian courts and the civil actions remain untried. However, the ruling on application of the forced medical remedy is not the same as the exculpatory judgment, when the accused person is exculpated because of absence of the deed with the criminal evidence or the criminal trespass evidence; thus, according to the author, the above-mentioned understanding must be clearly stated in the Criminal Process Code. Being ruled by the provisions of the Civil Code of the Republic of Lithuania, the subjects, who are responsible for the damage, caused by the criminally insane person’s act, depending upon the fact, if the person is acknowledged according to the order, established by the laws, as incapable or capable, are singled out (p. 1 of art. 6.278 and p.4 of art. 6.268 of the CC). The right to adjudge total or partial compensation for damage from the criminally insane person himself/herself, is possible only, if the damage as a result of his/her act, is caused to the person‘s health (injury) or life (p.2 of art. 6.268 and p.3 of art. 6.278 of the CC). After having generalized the examples from the Lithuanian courts‘ practice, which are submitted in the present article, it can be stated in principle that the courts usually had been appropriately applying and interpreting the corresponding rules of law of the CC, which regulate the tortuous civil responsibility of the special

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