If the defendant has committed a criminal offence in a state of mental incapacity but there
are no grounds for the application of security measures, the criminal proceedings are
discontinued.64
A reduced sentence may be imposed on the defendant perpetrator of a criminal offence
in a state of substantially diminished mental capacity - whose ability to understand the
meaning of his or her actions or to control his or her conduct was substantially diminished
due to psychosocial and/or intellectual disability or due to any other permanent or severe
mental impairment.65 When imposing punishment on such a defendant, the court will, by
the same judgment, also impose a security measure of compulsory psychiatric treatment
and confinement in a medical institution if it establishes that the conditions for such
measure under the Criminal Code are fulfilled.66
If the defendant cannot be held criminally responsible and at the same time there are no
grounds for the application of security measures, the indictment is dismissed, and the
proceedings are discontinued.67
If no state of mental incapacity is found (the defendant is criminally responsible) and they
are considered as fit to stand trial, they will be tried and may be subjected to
imprisonment (see below →3.1.1.2 Deprivation of liberty of criminally responsible
defendants with psychosocial and/or intellectual disabilities).
In Slovenia, there are no measures that could be considered as preventive detention.
As explained by the interviewed judge, circumstances suggesting that a person may not
be held criminally responsible are often identified already during the criminal
investigation. An interviewed prosecutor mentioned that such information is collected
already by the police or with the help of the social care services; information is then also
provided by the doctors or psychiatrists that are treating the person.68 When doubt arises,
an expert opinion is then ordered.69
Expert opinion
64
Article 277(1)(2) of the Criminal Procedure Act (Zakon o kazenskem postopku), 29 September
1994.
65
Article 29(3) of the Criminal Code (Kazenski Zakonik), 20 May 2008.
66
Article 494 of the Criminal Procedure Act (Zakon o kazenskem postopku), 29 September 1994.
67
Articles 277(2) and 352(1)(3) of the Criminal Procedure Act (Zakon o kazenskem postopku), 29
September 1994.
68
Interview with the prosecutor.
69
Interview with a judge.
27
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