3. National legal and policy frameworks concerning defendants and persons deprived of liberty with intellectual and/or psychosocial disabilities in law and in practice 3.1. National legal framework and its application in practice 3.1.1. National framework concerning deprivation of liberty Fitness to stand trial The judicial authorities have the obligation to ex officio inquire into whether the defendant is capable of performing procedural acts (fitness to stand trial). If the defendant is considered not fit to stand trial, this may result in the suspension of the proceedings (either at the investigation stage61 or at the main hearing62). This decision on the suspension of the proceedings is made if the accused person, after committing a criminal offence, becomes “mentally ill or suffers from a mental disorder” or from some other serious disease which prevents him or her from taking part in the proceedings for an extended period of time. Criminal responsibility If the defendant is declared incapable to be found criminal responsible due to the his/her mental state at the time of the offense (“legal insanity”), the state prosecutor makes a motion to the court to order compulsory psychiatric treatment and confinement of such perpetrator in a medical institution, or compulsory psychiatric treatment of the perpetrator at liberty, if the grounds for such precautionary measure exist as provided by the Criminal Code (See below → 3.1.1.1 Proceedings for the application of security measures).63 61 Article 179 of the Criminal Procedure Act (Zakon o kazenskem postopku), 29 September 1994. Article 310(1) of the Criminal Procedure Act (Zakon o kazenskem postopku), 29 September 1994. 63 Article 491(1) of the Criminal Procedure Act (Zakon o kazenskem postopku), 29 September 1994. 26 62