NATIONAL LEGAL AND POLICY FRAMEWORKS CONCERNING DEFENDANTS AND PERSONS DEPRIVED OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND IN PRACTICE the courts need. However, there is no effective evaluation of their knowledge.123,124 The District Court judge in Sofia states that some expert witnesses (appointed by the Ministry of Interior due to the low remuneration and their old age) produce assessments which are identical, not reasoned, carried out pro forma, based only on the statements to the assessed person, without expert research, comparison and discussion of medical records. While other experts present excellent assessments (and he showed the list with the names of both groups of experts).125 In practice, there are no safeguards for the independence (regarding protection from conflict of interests126 and from the appointing authority127,128) of expert witnesses. A Sofia Regional Court judge explains the trend the forensic psychiatric assessments to find less persons than in the past as criminally irresponsible in this way: Mental incompetence/criminal irresponsibility is now much less commonly recognised, which is mainly due to psychiatrists who have higher requirements for irresponsiblity. They take the view that the assessed person is always responsible, that mental deficiencies/mental illness, did not prevent him/her from comprehending the nature and meaning of the crime and should only be considered as circumstances to be taken into account in determination of the punishment. Perhaps this is some form of modern psychiatry that becomes more cruel. Somehow a culture is created, I don’t know to what extent it is conscious, in which the prosecution is aided. Psychiatrists should normally be involved already in the pre-trial proceedings and they are part of the prosecution mechanism, the incrimination mechanism.129 The third judge does not completely share the above problems with the overall quality of the assessments (although he mentions problems with especially two experts appointed often during pre-trial proceedings who do not meet the quality requirements of providing reasoned and B Bulgaria, Interview with District Court judge V.C. on 13 May 2022. Through assessments, a huge part of pre-trial proceedings can be manipulated, not only those related to the health condition of the citizens... As magistrates, we are subject to continuous quality control of our work; we periodically pass certifications, go through trainings. And expert witnesses may never be trained in their lifetime and will continue to be self-proclaimed experts. 124 Bulgaria, Interview with an expert witness psychologist B.K. on 9 June 2022. An expert witness with over 20 years of experience states that: There is no control over the selection of expert witnesses and their degrees of education and qualification (a several days’ course or seminar is reflected in CVs as training or education) and they are appointed by the court and carry out assessments. Professional communities do not give a recommendation for the candidate for an expert witness. 125 Bulgaria, Interview with Sofia District Court judge V.K, 9 June 2022. 126 Bulgaria, Interview with District Court judge V.C. on 13 May 2022. Because in our judicial district the state psychiatric hospital is located very close to the court, we appoint expert witnesses from there - they are actually only two who are engaged in assessments. Sometimes I have doubts about their competence when the cases are more complex, and sometimes I have doubts about a conflict of interest, and in such cases I have often appointed repeated assessments. And for the conflict of interest in compulsory treatment proceedings, on the one hand, the hospital heads or the doctors who work in the hospitals are somewhat dependent and the conclusion they give is not always cleared of any side factors, especially with the problematic patients who pose high-risk. 127 Bulgaria, Professor Ivaylo Conkov, The possibilities of the legal defence in relation to the assessments in the criminal proceedings in Bulgaria and the requirements of Article 6 of the ECHR (ВЪЗМОЖНОСТИТЕ НА ЗАЩИТАТА ВЪВ ВРЪЗКА С ЕКСПЕРТИЗИТЕ В НАКАЗАТЕЛНИЯ ПРОЦЕС НА РЕПУБЛИКА БЪЛГАРИЯ И ИЗИСКВАНИЯТА НА ЧЛЕН 6 ОТ ЕВРОПЕЙСКАТА КОНВЕНЦИЯ ЗА ЗАЩИТА НА ПРАВАТА НА ЧОВЕКА И ОСНОВНИТЕ СВОБОДИ), 2007, available in Bulgarian at: https://humanrights.bg/Media/Default/Documents/Statii,%20analizi/Експертизите%20в%20нак.%20процес%20и%20 изискванията%20на%20чл.%206%20ЕКПЧ.pdf. 128 Bulgaria, Interview with District Court judge V.C. on 13 May 2022. The author presents his arguments that the experts enter into a dependence on the investigating prosecutors appointing them, and in fact the court is given a conclusion that has been previously prepared at their request. The procedure of the appointment is not adversarial, it does not include active participation of the defense lawyer in this pre-trial phase and request the appointment of other experts. The author justifies his thesis that the expert witnesses (and this could probably be traced) serve the accusatory function. And the one and same expert witnesses, incl. psychiatrists, are appointed and this is their main additional income which puts them in a permanent dependence on their “employer” - the prosecutor or the investigator with his/her accusatory function. 129 Bulgaria, Interview with Regional Court judge M.T. on 13 May 2022. 123 38 SLAVKA KUKOVA