NATIONAL LEGAL FRAMEWORK CONCERNING THE APPLICATION OF CROSS-BORDER INSTRUMENTS TO PERSONS WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE 23 people are placed in remand centres, but it does not specifically cover this situation. But there is no other basis for assigning them to any other detention centre, because the territorial principle does not apply, they are not in custody. If they are simply to be, well, placed in custody, in a detention centre under the Criminal Code, under the Penal Code, and then the situation arises that they have to be temporarily held somewhere until it is decided which place is to be found, which penitentiary is to be assigned to them. But that situation is very undefined.“19 In the case of persons with intellectual and/or psychosocial disabilities, there is no formal procedure to ensure that the person gives their consent freely and with an understanding of the consequences, which is why a court hearing is held: „There is a hearing, where the judge in charge has to see if the person really understands. So, let's say, one of the main safeguards would be precisely for people who have some kind of perception problem, to check that the 19 Quote from one of the semi-structured interviews.