ANNEX I: NATIONAL CASE STUDY - An open forensic and social psychiatry unit in Ljubljana “What is essential is invisible to the eye! And the essential is love. Now, how do you love someone who killed another person? It is necessary to understand this man and the circumstances from birth onwards... and to understand his illness.” (dr. Žagar 2023) To determine, whether a person can be held criminally responsible, the judge may order a psychiatric examination. If it is found that the defendant was at the time of the offence incapable to be found criminal responsible, proceedings for the application of security measures will be carried out. This may result in imposing of the security measure of compulsory psychiatric treatment and confinement in a medical institution. Since 2012 there is only one such facility in Slovenia, where such measure can be carried out – (a closed) Forensic Psychiatry Unit of the University Clinical Centre Maribor. However, in the past there was an open forensic psychiatry ward in Slovenia – and it seems that such a ward was a unique practice in Europe. Although this facility does not exist anymore, the experiences and its elements seem to be a promising practice, which is why we chose the Department of Forensic and Social Psychiatry of the University Psychiatric Hospital in Ljubljana, Slovenia (hereinafter: DFSP) for the Slovenian national case study. The Department was (for a certain period) an open institution organized as a therapeutic community (TC) and which had a psychotherapeutic and rehabilitative orientation. The DFSP offered “treatment for psychotic offenders, prisoners, and people with socially accentuated psychiatric disorders” (Kobal and Žagar 1994). However, there was a selection of forensic patients that were to be treated within the DFSP and those who were assessed as too much of a risk, were still referred to a closed ward of a psychiatric hospital.165 Nevertheless, the experience showed that rehabilitation of many of the forensic patients can be achieved with alternative approaches such as TC. The DFSP was founded on 15 August 1967 by the University Psychiatric Hospital founded DFSP and the first head the Department was first dr. Kobal who was later replaced by dr. 165 The Law on Execution of Penal Sanctions in force at that time, led to the establishment of a commission (two judges and two psychiatrists) which decided on the most appropriate institution for each offender (Kobal and Žagar 1994, 266–267). 64