In the case of criminally responsible defendants with psychosocial and/or intellectual disabilities, the detention will be carried out in the general detention facilities. In terms of detention conditions, the authorities are obliged to treat the detained person in a humane manner and their physical and mental health must be protected.135 The detention facility keeps record of the general health condition of the detained person. When placing the detainee into the detention facility, the personality and health condition of the detainee must be taken into consideration.136 All persons placed into pre-trial detention are examined by a doctor within 48 hours after being brought to the detention facility.137 Health care is provided by the detention facility’s infirmary.138 If medical treatment in another health care institution is necessary, such treatment is ordered by the competent court upon the proposal of a detention facility’s doctor. In such case the director of the detention facility must immediately inform a close relative, or another person previously appointed by the detainee. With the permission of the competent court, a detained person, at their costs, may also be examined by a doctor of their choosing.139 Prison sentence A perpetrator of a criminal offence is sentenced within the legally prescribed limits for such offence and with regard to the gravity of their offence and guilt.140 The Criminal Code prescribes the circumstances which the court must consider when determining the sentence, however, possible psychosocial and/or intellectual disability is not explicitly mentioned. But the law does require, among other, that personal circumstances related to the perpetrator’s personality are taken into account. All the circumstances that influence the grading of the sentence (mitigating and aggravating circumstances) should be considered, in particular: - the degree of the perpetrator's guilt; 135 Article 209 (1) of the Criminal Procedure Act (Zakon o kazenskem postopku), 29 September 1994. Article 23(1) of the Rules on the implementation of remand (Pravilnik o izvrševanju pripora), 19 March 1999. 137 Article 31(1) of the Rules on the implementation of remand (Pravilnik o izvrševanju pripora), 19 March 1999. 138 Article 32(1) of the Rules on the implementation of remand (Pravilnik o izvrševanju pripora), 19 March 1999. 139 Article 33(1) of the Rules on the implementation of remand (Pravilnik o izvrševanju pripora), 19 March 1999. 140 Article 49(1) of the Criminal Code (Kazenski Zakonik), 20 May 2008. 136 46