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