3.1.2 NATIONAL FRAMEWORK CONCERNING DEPRIVATION OF LIBERTY
justified assessments) and the time when they are provided (they are prepared in 10-14 days in his
experience). He states that complex assessments are often appointed, because it is checked from
a mental point of view in the field of psychology: the attitude of the person to the specific act/
crime and his own condition/disability; what psychological, social and personal weight he attaches to the committed public offense/crime; how he perceives himself in the specific crime, etc.130
The judge also states that in his cases a forensic assessment is being appointed by the prosecutor
during the pre-trial proceedings. Another problem is that expert witnesses are not provided
sufficiently suitable conditions for carrying out the assessments.131
The key state authorities involved in compulsory treatment cases are the Ministry of Healthcare
(which mainly elaborates legislation, collects some data by its National Centre for Public Health
and Analyses and funds and manages state psychiatric hospitals) and the Ministry of Justice
(which elaborates legislation and funds judicial authorities). The present research found that they
do not interact in any way regarding criminal proceedings where persons with IPD are involved.
3.1.2.4 Compulsory treatment of defendants with psychosocial
and intellectual disabilities, based on an assessment of unfitness
to stand trial and incapacity to be found criminally responsible
Under the Criminal Code, the court may rule on one of the following three measures with respect to persons who were in a state of incompetence when they committed a criminal act or
who became incompetent before the judgment was delivered (while they are defendants) or
while serving their sentence: the person may be placed in the care of his/her relatives on the
condition that they take on the obligation to ensure that he/she receives treatment under the
supervision of a psychiatric clinic (outpatient treatment); inpatient compulsory treatment in a
general psychiatric facility; inpatient compulsory treatment in a specialised psychiatric hospital or in a specialised ward in a general psychiatric facility.132 Compulsory treatment in a general
psychiatric facility may be ordered by the court for a person suffering from an IPD who, in view
of his/her mental condition and the nature of the committed offence, does need hospital care
and compulsory treatment. Compulsory treatment in a specialised psychiatric hospital or in a
Bulgaria, Interview with Sofia District Court judge V.K. on 9 June 2022.
Bulgaria, Interview with an expert witness psychologist B.K. on 9 June 2022. Regarding the way of carrying out the assessment,
the interviewed psychologist stated that: there is a problem with the coordination between the expert witnesses and the pre-trial
facilities/prison administrations - they bring the person to be assessed with handcuffs and 5 guards, the assessment is done for
about 3 hours, in the cold and through a grill, in the presence of 3 policemen at the beginning. The assessment report of one case
sometimes is edited over 30 times. Experts wanted to know more about the childhood of the assessed person to be able to recommend how to work with him in long-term perspective, but if he goes to prison he will most likely get stone-age drugs and no
psychological help. The remuneration of the experts is about BGN 20 (EUR 10) per hour/gross according to the regulation. Most
of the psychiatrists write half a page with the name and description of the case and often wrong data because they are in a hurry
and they are not well paid.
132
Bulgaria, Criminal Code (1.05.1968), Art. 89.
130
131
Bulgarian Helsinki Committee
39
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