GLOSSARY may be different for a given person depending on many factors, including environmental and social factors”. The UNCRPD Committee has stated that under Art 12 of the Convention, “perceived or actual deficits in mental capacity must not be used as justification for denying legal capacity.” “Ordinary” imprisonment: Detention after a final judgement of conviction in prison as opposed to a specialised forensic/psychiatric facility or specialised prison department. “Ordinary” proceedings: Criminal proceedings under the criminal procedural code, for criminal offences committed as opposed to proceedings leading to custodial measures. Pre-trial stage: This stage starts with a criminal investigation against someone who is suspected to have committed a crime and ends with the indictment, the formal charge with a criminal offence under the procedure set out in domestic law. It includes the proceedings before the police, prosecutor and/or investigative judges or judges for the preliminary investigation. Prisoner: A convicted person, sentenced to imprisonment. Pre-trial detention: A measure of restraint by which a person accused of committing a crime is kept in custody, ordered by a judicial authority at the pre-trial or trial stage of proceedings to ensure his/her appearance before a court, prevent his/her further criminal activity, and/or prevent unlawful interference with the investigation of the case. Probation: According to the Council of Europe definitions, “probation means the implementation of alternative sanctions and measures, defined by law. It includes a range of activities and interventions, which involve supervision, guidance and assistance aiming at the social inclusion of an offender, as well as at contributing to community safety”.3 Community sanctions and measures mean “sanctions and measures which maintain suspects or offenders in the community and involve some restrictions on their liberty through the imposition of conditions and/or obligations. 12 The term designates any sanction imposed by a judicial or administrative authority, and any measure taken before or instead of a decision on a sanction, as well as ways of enforcing a sentence of imprisonment outside a prison establishment.”4 Under Art 2(5) of the FD 2008/947/JHA “‘probation decision’ shall mean a judgement or a final decision of a competent authority of the issuing State taken on the basis of such judgement: (a) granting a conditional release; or (b) imposing probation measures”; under Art 2(7) of the FD 2008/947/JHA, “‘probation measures’ shall mean obligations and instructions imposed by a competent authority on a natural person, in accordance with the national law of the issuing State, in connection with a suspended sentence, a conditional sentence or a conditional release”. Preventive detention: Deprivation of liberty of persons with intellectual and/or psychosocial disabilities, whose intellectual and/or psychosocial disabilities were identified during trial but have been considered criminally responsible (or in certain jurisdictions, also partly criminally responsible), tried and convicted. Preventive detention is usually applied to reduce ‘their dangerousness’ for parts of the imprisonment, instead of imprisonment or after imprisonment if the person is still considered ‘dangerous’. In some tates, preventive detention may be ordered in addition to a prison sentence and can be upheld indefinitely. Usually, a person can be held in a specialised detention facility, a designated part of a prison or the forensic-psychiatric department of a hospital. Preventive detention differs from preventive custodial measures/security measures in so far as preventive custodial measures/security measures are custodial measures applicable to suspected or accused persons declared not fit to stand trial, not criminally responsible or only partly criminally responsible, while preventive detention is applied to persons who were considered fully capable to be criminally responsible (and in certain states, partly responsible). Trial stage: This is the stage between the indictment of a person and the final judgement, including the appeals.