3.1.2 NATIONAL FRAMEWORK CONCERNING DEPRIVATION OF LIBERTY Forensic psychiatric assessment is ordered to determine the mental condition of a person if a bona fide doubt exists regarding the existence of a mental disorder.105 Its goal is to provide an expert assessment of the person’s capacity to comprehend the nature and consequences of his/ her actions and his/her ability to control those actions at the time of the offence, the person’s mental capacity at the time of ordering the forensic assessment, as well as their projected mental capacity in the future.106 The assessment also may have the goal to assess: the person’s mental fitness to participate in pre-trial or judicial proceedings; the person’s mental fitness to serve punishment and the need for medical care during the punishment; the need to apply compulsory treatment measures and their type.107 Forensic psychiatric assessments for persons who are held in detention take place in health centres that have dedicated wards for the treatment of criminal offenders which have been approved by the Ministry of Health in concordance with the Ministry of Justice. These wards/centres provide a regime of detention with constant behavioural monitoring. Inpatient forensic psychiatric assessment may not exceed 30 days.108 This time limit may be extended only once for a period of no more than 30 days. Outpatient forensic psychiatric evaluations take place in health centres for outpatient care and in centres for psychiatric health.109 Forensic psychiatric assessments are prepared in the form of reports that contain information about the expert witness, the person who is being assessed and the goals of the assessment.110 Forensic psychological assessments are performed with the goal to provide information about, among other things, the level of cognitive development of the defendant, his/her personality and intellectual abilities and how well these match the subject’s chronological age, his/her psychological capability to comprehend factual information pertaining to the case, and communicative skills and other tasks defined by the authority who ordered the assessment.111 Forensic psychological experts can be psychologists with a degree in clinical psychology and, whenever possible, with special training in forensic psychology.112 Forensic psychological assessments may be performed on their own, in rare cases, or, more commonly, in combination with forensic psychiatric evaluations and may be conducted as an inpatient or outpatient service.113 They are summarized in the form of reports which contain data about the expert witness, information from the case Bulgaria, Decree #2 of 26.10.2011, Art. 19. Bulgaria, Decree #2 of 26.10.2011, Art. 21. 107 Bulgaria, Decree #2 of 26.10.2011, Art. 21. 108 Bulgaria, Decree #2 of 26.10.2011, Art. 22, para. 3. 109 Bulgaria, Decree #2 of 26.10.2011, Art. 22. 110 Additional data included in the Forensic Psychiatric Assessment report are the case number and the date when it was initiated, as well as the name of the authority that initiated the proceedings, basic information about the nature of the case and the criminal offence, and a short summary of the statements given by the defendant and the witnesses or the parties. Bulgaria, Decree #2 of 26.10.2011, Art.22-23. The section on the psychiatric research information includes patient’s health history and all information that was gathered from the offender’s previous medical records, along with the results from the complete physical tests. The forensic expert analysis involves a review of the family and social medical history, of the biological, psychological and social development of the offender, of past illnesses and of the person’s current health status, as well as an analysis of the defendant’s psychiatric state before, during and after the commission of the offence. The findings reflect the scientific conclusions of the evaluation along with specific medical recommendations in regards to providing adequate medical care for the person who is the subject of the assessment. 111 Bulgaria, Decree #2 of 26.10.2011, Art. 26. 112 Bulgaria, Decree #2 of 26.10.2011, Art. 25. 113 Bulgaria, Decree #2 of 26.10.2011, Art. 27. 105 106 Bulgarian Helsinki Committee 35