• there is insufficient evidence for the existence of a reasonable suspicion that the accused person has committed the offence he or she is charged with, or • there is a lack of proportion between the minor relevance of the criminal offence (its risks are insignificant due to the nature or gravity of the offence, or because the harmful consequences are insignificant or did not occur, or due to other circumstances in which the criminal offence was committed and due to the low degree of the perpetrator’s guilt, or due to his or her personal circumstances), and the consequences of criminal prosecution.99 The law thus protects the presumption of innocence, as also required by the Court of Justice of the European Union (CJEU) in the Case C 467/18.100 The court's ruling on the imposing of the security measure may be challenged within eight days of its receipt by all those entitled to appeal against a court judgment, with the exception of the injured party. An appeal may be lodged to the benefit of the accused person even against their will.101 Implementation of the measure of compulsory psychiatric treatment and confinement in a medical institution The security measure is implemented in accordance with the provisions of the Enforcement of Criminal Sanctions Act.102 The latter stipulates that the court which has imposed the security measure refers the person to the health care institution in which the measure is to be carried out.103 The security measure of compulsory psychiatric treatment and care in a health care institution may be executed in the forensic psychiatric wards of the health care institution which meet special professional and security conditions prescribed by the law:104 99 Article 277(1) of the Criminal Procedure Act (Zakon o kazenskem postopku), 29 September 1994. 100 CJEU, Case 467/18, Request for a preliminary ruling from the Rayonen sad Lukovit — Bulgaria, 19 September 2019; 101 Article 492(5) of the Criminal Procedure Act (Zakon o kazenskem postopku), 29 September 1994. 102 Enforcement of Criminal Sanctions Act (Zakon o izvrševanju kazenskih sankcij), 23 February 2000. 103 Article 151(1) of the Enforcement of Criminal Sanctions Act (Zakon o izvrševanju kazenskih sankcij), 23 February 2000. 104 Article 151(2) of the Enforcement of Criminal Sanctions Act (Zakon o izvrševanju kazenskih sankcij), 23 February 2000. 35