CYIL vol. 15 (2024)

VIOLETA VASILIAUSKIENĖ, BIRUTĖ PRANEVIČIENĖ 3.4 The implementation of the obligation to ensure that instances of exploitation, violence and abuse against persons with disabilities are identified, investigated and, where appropriate, prosecuted (Article 16(5) CRPD) The obligation to identify, investigate and, where appropriate, prosecute is implemented in the provisions of the Criminal Code of the Republic of Lithuania . 94 The Criminal Code indicates that the following actions are a crime and prohibit violence in social care institutions: serious bodily injury 95 , minor bodily injury 96 , causing physical pain or slight injury, 97 crimes against person’s freedom of sexual decision 98 . In case of these and related crimes, the Criminal Code indicates that aggravating circumstances are when “the act was committed against a person who was in a helpless condition due to […] disability […]”, also when “the act was committed with the intent to express hatred against a group of persons or a person belonging to such a group on the grounds of […] disability.” 99 Furthermore, murder of persons in helpless condition and murder motivated by the “hatred towards a group of persons or a person belonging to a group of persons on the grounds of […] disability” 100 are punished by more severe sanctions in the Criminal Code than murder in general. The Criminal Code also foresees the following crimes related to persons with disability: acts constituting discrimination of persons on the base of disability, 101 the production and distribution of materials discriminatory against persons with disability; public mocking of persons with disability; publicly incitement of violence including physical damage on the basis of disability, 102 the creation of groups aimed at discrimination of people on the basis, among other grounds, of disability. 103 Furthermore, Article 228 of the Criminal Code 104 could be noted, which foresees that a civil servant or a person treated as such who has abused his/her official position or exceeded his/her powers, if the State, the European Union, an international public organisation, a legal or natural person has suffered significant damage as a result, shall be liable to a fine or arrest or to imprisonment for a term of up to five years. Whoever commits this act for pecuniary or other personal gain, if there are no signs of bribery, shall be liable to a fine or to imprisonment for a term not exceeding seven years. A legal person shall also be liable for such offences. Reporting of a crime. There are some measures which facilitate the reporting of a violent crime that has been committed. A person with a hearing or speech impairment can communicate with the Single Help Centre in several different ways: via the 112 emergency services mobile app; by sending an SMS to 112; by using the “Silent Call” service at the General Emergency Centre; by using the remote interpretation service provided by the Sign

94 Lietuvos Respublikos Baudžiamasis kodeksas (Criminal Code of the Republic of Lithuania), Valstybės žinios, 2000, Nr. 89–2741.

95 Ibid, Art.135. 96 Ibid, Art. 138. 97 Ibid, Art. 140. 98 Ibid, Art. 149–153.

99 Ibid, Art. 60. 100 Ibid, Art. 129. 101 Ibid, Art. 169. 102 Ibid, Art. 170. 103 Ibid, Art. 170 1 . 104 Ibid, Art. 228.

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