IMPLEMENTATION UNDER NATIONAL LAW intellectual and/or psychosocial disability are considered not to be able to exercise their rights of defence. In Austria, Lithuania and Slovenia, the person concerned has to be represented by a defence attorney throughout the entire proceedings leading to security measures. In Bulgaria, a public defender is appointed and legal defence is appointed in all cases where persons with an intellectual and/ or psychosocial disability are accused. However, representation by a defence attorney is mandatory only in specific cases (equally as for persons without any disability).170 In Austria, Lithuania and Bulgaria the participation of the defence attorney of the person concerned is mandatory during the trial (leading to security measures or compulsory treatment). In Bulgaria, however, the defence attorney is appointed only after the person is accused of a criminal offence and the person has been estimated to have an intellectual and/ or psychosocial disability which prevents them from legally defending themselves. However, if the person’s disability is not estimated or is not estimated as such, which prevents them from legally defending themselves, the person might still not have the right to mandatory legal defence during the trial. In Germany, legal guardians can also take on representation in criminal proceedings. In Austria, the defence lawyer may take on the responsibilities of the legal guardian, but not vice versa. In Austria, the defence attorney can file motions against the will of the person concerned (if they are found not criminally responsible) if it is in their best interest.171 In Lithuania, persons who are found not criminally responsible cannot question witnesses or refute evidence. Their role becomes passive. They also cannot exercise their right to a defence independently. In Lithuania, the court and prosecution is not obliged to accept the waiver of a defence counsel by a person who seems not capable of exercising their own right to a defence based on an intellectual and/or psychosocial disability.172 Equally, the court is not obliged to inform the person concerned of the referral of the case for compulsory measures. However, the person concerned may still participate in the proceedings, have a defence counsel and appeal against the order 50 for imposition of compulsory measures. In Slovenia, representation is mandatory if the person concerned is unable to defend themselves. However, it seems that cases where such grounds for mandatory defence for persons with psychosocial and/or intellectual disabilities are rarely recognised in practice. 2.4.4. SPECIAL PROCEEDINGS FOR COMPULSORY TREATMENT/ SECURITY MEASURES While some of these national systems appear or pretend to be protective, they can in practice lead to the contrary by denying the enjoyment of procedural rights in respect of legal capacity, access to justice, the effective participation of defendants with intellectual and/or psychosocial disabilities in their own proceedings, presumption of innocence, the principle of no punishment without guilt, the right to testify, the right to refute evidence, the right to attend hearings, the right to complain, procedural accommodations, and access to lawyers. All partner countries foresee specific procedural provisions in the national criminal justice systems for persons with intellectual and/or psychosocial disabilities. These proceedings may also lead to different forms of deprivation of liberty (see Section 2.5). The person concerned does not have the option to “opt” for regular criminal proceedings; this choice is taken by the investigative body or the courts. In Austria, this system provides additional procedural accommodations for persons with intellectual and/ or psychosocial disabilities who are in proceedings for compulsory measures.173 These may include provisions regarding the composition of the court or procedural guarantees of the person concerned (e.g., mandatory representation by a defence lawyer and the presence of the defence lawyer, an expert and the person concerned throughout the hearing). In other cases, however, the application of compulsory treatment may lead to a circumvention of general procedural safeguards. In Lithuania, for example, once a person is