capacity that may eliminate criminal responsibility (‘legal insanity’) or the assessment of the defendant’s fitness to stand trial. Vulnerability or needs resulting from vulnerability are not emphasised. Similarly, the Criminal Code uses the relevant terms in the definition of ‘legal insanity’: “A perpetrator who when committing an unlawful act was incapable of understanding the meaning of his or her actions or controlling his or her conduct due to a mental disorder or mental underdevelopment shall be deemed to be legally insane”.16 This definition is not in line with the CRPD. Statistics The statistical data regarding persons with psychosocial and/or intellectual disabilities in criminal proceedings – both domestic and cross-border are few or are at least not publicly available. The Slovenian Statistical Office publishes the annual number of new security measures of compulsory psychiatric treatment in the forensic psychiatry unit and at liberty: Compulsory psychiatric treatment in the forensic psychiatry unit Compulsory psychiatric treatment at liberty 2018 19 2019 19 2020 14 2021 20 2022 15 42 48 28 43 29 Source: SiStat The Slovenian Prison Administration included some information on the number of persons who were considered not criminally responsible and were subjected to the security measure of compulsory psychiatric treatment in the forensic psychiatry unit in its 2021 annual report of the Prison Administration. The same type of data was not included in the previous annual reports: Year / Compulsory psychiatric treatment in the forensic psychiatry unit 2021 Total number New Discharged On 31 December 2021 45 15 13 32 Source: Prison Administration 16 Slovenia, Article 29(2) of the Criminal Code (Kazenski Zakonik), 20 May 2008. 6