IMPLEMENTATION UNDER NATIONAL LAW 2.3.2. AIM AND CONTENT OF EXPERT OPINIONS In Bulgaria, the only goal of the forensic medical assessment is to determine whether or not the accused is criminally responsible and thus whether compulsory treatment is necessary. The necessity and consequent provision of support is not considered in the assessment. There are Guidelines by the Ministry of Healthcare144 determining the content of a forensic psychiatric assessment, including a recommendation to the court about the nature of the psychiatric hospital, an opinion to what extent the patient’s condition requires temporary accommodation. In this case, the expert notifies the head of the psychiatric facility and the need for the compulsory treatment. Experts do not, however, take into account the circle of contacts of the person concerned. The assessment can be a forensic psychiatric assessment, a forensic psychological assessment or a combined forensic psychiatric and psychological assessment. Forensic psychiatric assessment is ordered to determine the condition of a person if a bona fide doubt exists regarding the existence of a mental impairment. The assessment aims to determine whether or not the person was criminally responsible, as well as the fitness to stand trial, the fitness to serve a punishment and the need to apply compulsory treatment measures (and their type). Forensic psychological assessments are performed with the goal to provide information about, among other things, the level of cognitive development of the defendant, their personality and intellectual abilities and how well these match the subject’s chronological age, communicative skills and other tasks defined by the authority who ordered the assessment. The forensic psychological assessment is usually performed in combination with a forensic psychiatric evaluation. The goal is not to lead to recommendations for appropriate measures to provide support. There is an official list of expert witnesses; however, other experts may also be requested to assess. Forensic psychiatric assessments of persons who are held in detention take place in health centres with dedicated wards for the treatment of criminal offenders. These assessments may not exceed 30 days, with a 44 possibility to be extended for another 30 days. Outpatient forensic psychiatric assessments can be performed in a medical facility, at the investigative body, in court, in pre-trial detention or at home. In Germany and Austria, a psychiatric expert is usually requested to assess the (partial) criminal legal capacity based on an intellectual and/ or psychosocial disability, the dangerousness and risk of commission of further acts, as well as the necessity of deprivation of liberty in forensic psychiatry or in preventive detention. The necessity and consequent provision of support for the person concerned in the proceedings is not considered in the assessment. The psychiatric expert is requested to provide an assessment before pre-trial detention and before a measure of correction and incapacitation is ordered/continued/terminated.145 In Austria, if no psychiatric expert is available (within a reasonable time), an expert witness from the field of clinical psychology may be requested.146 In Slovenia, the expert opinion shall determine the criminal legal capacity as well as the fitness to stand trial. A psychiatric expert is requested to conduct the assessment. If the psychiatric expert identifies an intellectual and/or psychosocial disability, they should include the nature, type, degree and duration of the “mental condition” and evaluate how this condition affected the accountability, how it still affects the behaviour of the person and whether the accused person is as a consequence unfit to stand trial. Clinical psychologists are not included. Assessments of persons who are subject to proceedings for the application of security measures are carried out in forensic psychiatric units of the health care institution.147 In Slovenia, the judicial authorities have to determine whether the defendant is capable of performing procedural acts, i.e., whether they are fit to stand trial. In order to do so, the judge may request a psychiatric assessment. If there are already indicators during the criminal investigation, the investigating judge may order the assessment. The motion to order a psychiatric examination can also be made by the defence or the prosecution.