NATIONAL LEGAL FRAMEWORK CONCERNING THE APPLICATION OF CROSS-BORDER INSTRUMENTS
TO PERSONS WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE
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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.
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