Throughout the entire proceedings, and already when the state prosecutor makes a motion for security measures, the defendant must be represented by a lawyer.80 If the defendant does not have a lawyer, the court will appoint one ex officio. Deprivation of liberty If the court establishes on the basis of the evidence taken that the defendant has committed a specific criminal offence and that at the time of its commission they lacked mental capacity, the court decides, after hearing the persons summoned, on the basis of the findings and opinion of psychiatric experts, whether or not to impose the security measure of compulsory psychiatric treatment and confinement in a medical institution or compulsory psychiatric treatment at liberty.81 If the defendant that is subjected to the proceedings for the application of security measures is in (pre-trial) detention, they will also be placed in an appropriate medical institution where the detention will be carried out. The provisions of the CPA on detention are applied mutatis mutandis to the length, review and termination of the placement of the defendant in such institution.82 In accordance with the Criminal Code, the court may impose either the compulsory psychiatric treatment and confinement in a mental health institution or compulsory psychiatric treatment at liberty if the defendant was not capable of being criminally responsible for the committed criminal offence if there is no other way to ensure people's safety.83 The decision to confine the defendant in a mental health institution can be made, if, based on the gravity of the act committed and the degree of the perpetrator’s mental health issues, the court determines that, while at large, the perpetrator could commit a serious criminal offence against life and limb, sexual integrity or property and that this risk may only be eliminated by ensuring that the perpetrator receives treatment and is confined in 80 Article 491(1) of the Criminal Procedure Act (Zakon o kazenskem postopku), 29 September 1994. 81 Article 492(3) of the Criminal Procedure Act (Zakon o kazenskem postopku), 29 September 1994. 82 Article 496(1) of the Criminal Procedure Act (Zakon o kazenskem postopku), 29 September 1994. 83 Article 70(3) of the Criminal Code (Kazenski Zakonik), 20 May 2008. 31