NATIONAL LEGAL AND POLICY FRAMEWORKS CONCERNING DEFENDANTS AND PERSONS DEPRIVED OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND IN PRACTICE Public defenders in compulsory treatment cases The interviewees generally did not mention at all the ex officio lawyers (public defenders) of persons concerned. One judge100 stated that ex officio lawyers consider these cases formal, as awkward situations because they don’t know what to do with their clients. They pose almost no serious legal problems and are generally uninvolved in most cases. They are mostly public defenders and…. the state can make an effort to teach them. I.e. there should be some specific assessment of the quality of the lawyer’s work in these cases, something like a more special methodology should be developed.101 3.1.2.3 Assessment of the person with presumed disability Forensic medical assessment is required only after the suspect has been accused by law and in practice. The goal of the assessment is solely to determine whether or not the accused is mentally competent/criminally responsible (not to provide support). In the course of criminal proceedings, a medical assessment is mandatory after indictment when there is evidence that the accused person may be incompetent or when the accused person’s physical and/or mental condition prevents him/her from comprehending factual information pertaining to the case or from providing a reasonable explanation of facts relating to the case.102 In these cases the main purpose of the competency assessment by medical experts is to facilitate the work of the judiciary. The experts’ findings are not binding on the court and the pre-trial authorities. If the authority that appointed the assessment disagrees with the conclusions made by an expert witness then it must substantiate their disagreement.103 The forensic findings may not be appealed by either of the parties involved in the criminal proceedings. In the event that they disagree with the findings either of the parties involved may request a second or an additional forensic assessment to be conducted. The authority receiving the request is under no obligation to grant the request for a subsequent forensic assessment. Forensic psychiatric assessment, forensic psychological assessment or combined forensic psychiatric and psychological assessment are requested in order to determine the mental and/or psychiatric condition of a defendant. The terms and conditions of ordering forensic assessment of mental competence/ criminal responsibility are set out in Decree #2 of 26 October 2011 of the Ministry of Justice, the Ministry of Interior and the Ministry of Health.104 Bulgaria, Interview with Sofia Regional Court judge M.T. on 13 May 2022 Bulgaria, Interview with Sofia Regional Court judge M.T. on 13 May 2022. 102 Bulgaria, Criminal Procedure Code, Art. 144, para. 2, item 3, item 4. 103 Bulgaria, Criminal Procedure Code, Art. 154. 104 Bulgaria, Decree # 2 from 26 October 2011 for the terms and conditions of carrying out forensic, forensic psychiatric and forensic psychological assessments, including reimbursement of healthcare institutions for the provided services issued by the Ministry of Justice, the Ministry of Interior, and the Ministry of Health, promulgated, State Gazette №91/18.11.2011, (Наредба № 2 от 26 октомври 2011 г. за условията и реда за извършване на съдебномедицинските, съдебнопсихиатричните и съдебнопсихологичните експертизи, включително и за заплащането на разходите на лечебните заведения, издадена от Министерството на правосъдието, Министерството на вътрешните работи и Министерството на здравеопазването, обн. ДВ. бр.91 от 18 Ноември 2011), available at: http://www.lex.bg/bg/laws/ldoc/2135760470. 100 101 34 SLAVKA KUKOVA