NATIONAL LEGAL AND POLICY FRAMEWORK CONCERNING DEFENDANTS AND PERSONS DEPRIVED OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE 86 The pre-trial investigation officer, in accordance with the provisions of Article 51 of the Code of Criminal Procedure, is obliged to ensure the right to defence of a person who, due to their mental state or mental ‘deficiencies’, or who has been declared ‘incapacitated’ (not criminally responsible), by adopting a decision declaring that the presence of a defence counsel in the defence of their rights and legitimate interests is necessary, and by contacting the State Guaranteed Legal Aid Office in order to have such a person's counsel appointed. In addition, in accordance with Article 53 of the Code of Criminal Procedure, the right of a suspect who has been declared incapacitated in accordance with the established procedure to have a legal representative108 who can participate in the proceedings and defend their interests is guaranteed. It is important to note that compulsory medical treatments (compulsory commitment regimes) do not have a fixed period of application. According to the law, a treatment shall be applied until the person recovers or their mental health condition improves and the person’s danger to society disappears. However, the court must, at least once every six months, decide on the extension, change or revocation of the use of compulsory medical treatment. The court must inform the person whose case is pending, his or her legal representative, the Pursuant to Article 53 of the Code of Criminal Procedure, the parents, adoptive parents, guardians, custodians, or persons authorised by the institution which has the custody or care of the suspect, accused, convicted person or victim may act as the legal representatives of a minor or of a suspected or accused person or of a person who lacks the necessary capacity. 108