NATIONAL LEGAL AND POLICY FRAMEWORKS CONCERNING DEFENDANTS AND PERSONS DEPRIVED OF LIBERTY WITH INTELLECTUAL AND/ OR PSYCHOSOCIAL DISABILITIES IN LAW AND IN PRACTICE National legal framework and its application in practice 3.1.1 National definitions and statistics Bulgarian legislation does not contain a definition for “a vulnerable person” nor does it define “persons with intellectual and/or psychosocial disabilities”. The Persons with Disabilities Act provides for the general definition of “persons with disabilities” as “persons with physical, mental, intellectual and sensory disabilities who, when interacting with their environment, the latter could hinder their full and effective participation in public life” (in essence it is the definition the UNCRPD uses). 57 The only article in the Criminal Procedure Code (CPC) that mentions thе group of persons concerned in relation to access to legal assistance uses the term “physical or mental handicaps”. 58 The Criminal Code uses the terms “mental retardation or long-term or temporary mental disorder” to refer to a lack of mental competence/criminal responsibility (Art. 33) and uses the term “mentally ill” in reference to the enforcement of compulsory treatment (Art. 90). The Criminal Code (Art.33) states that “criminal responsibility is excluded when a person was in a state of mental incompetence at the time of committing the offence; that is, when due to mental retardation, an enduring mental disability or a temporary mental disorder he/she was unable to understand the nature or consequences of his/her actions or was not able to manage his/her actions.”59 However, medical experts who 57 Bulgaria, Persons with Disabilities Act (Закон за хората с увреждания) (1.01.2019), Additional provisions, para.1, item 1, available in Bulgarian at: https://www.lex.bg/bg/laws/ldoc/2137189213. 58 Bulgaria, Criminal Procedure Code, (Наказателно-процесуален кодекс) (29.04.2006), Art. 94, para. 1, item 2, available in Bulgarian at: http://lex.bg/bg/laws/ldoc/2135512224. 59 Bulgaria, Criminal Code (Наказателен кодекс) (1.05.1968), Art. 33, para.1, available in Bulgarian at: https://lex.bg/laws/ldoc/1589654529. 24 SLAVKA KUKOVA 24