NATIONAL LEGAL AND POLICY FRAMEWORK CONCERNING DEFENDANTS AND PERSONS DEPRIVED OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE 40 A person may be found not criminally responsible (or partly responsible) only in a particular case after committing a crime or offence, not in general.38 Criminal legal capacity is not always assessed, but only when there is a doubt about a person’s ability to appreciate the danger of the crime or a mental health condition is suspected. This means that everyone is considered criminally responsible (i.e., to have criminal legal capacity) unless proven otherwise. Where there is sufficient evidence to suggest that the offence may have been committed by a person who is not criminally responsible (i.e., has diminished criminal legal capacity), the pretrial judge or court must order that person to undergo a forensic psychiatric examination.39 Ultimately, only the court decides whether a person may be considered as being criminally responsible or not. A person who is found to not be criminally responsible cannot take part in any proceedings the outcome of which depends on the psycho-intellectual characteristics of the person (i.e., fitness to stand trial). That is, the person may not be questioned, may not be shown persons, objects or photographs for identification, and so on. This person may only be subjected to such procedural steps in which their role would be passive, for example, such a person may be shown to a victim to be identified.40 Abramavičius A., et al. (2004) Commentary on the Criminal Code, p. 115 . 39 See cassation rulings in criminal cases No. 2K-376/2011, 2K-5-976/2021. 40 Goda, G., et al. (2003) Commentary on Code of Criminal Procedure. 38