that I think is useful to keep in mind when we are compartmentalising these different groups and saying that these are quite different situations.”75 If a defendant could not be held criminally responsible at the time he/she has committed a criminal offence, 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 security measure exist as provided by the Criminal Code.76 As mentioned above, circumstances suggesting that a person may not be held criminally responsible are often identified already during the criminal investigation. But sometimes there are no indicators early in the proceedings and the defendant will only mention previous psychiatric treatment when objecting against the indictment. In this case, the expert opinion will only be ordered at the start of the trial (pre-trial hearing), and if it turns out at that time that the perpetrator is not criminally responsible, then only then will the prosecutor make a motion to the court to order a security measure.77 Proceedings The decision on the security measure is made after the main hearing is held by the court of jurisdiction at first instance.78 In addition to the state prosecutor and the defendant’s lawyer, psychiatrists from the institution entrusted as expert witnesses regarding the defendant’s capability to be criminal responsible shall also be summoned as expert witnesses. The defendant is only summoned if their condition allows for their presence at the main hearing. Their spouse, parents or guardian must be notified of the main hearing and, depending on the circumstances, other close relatives as well. If the accused person may not be heard during these proceedings or if their statement about their defence is unintelligible, it is considered that they object to the motion for the imposition of a security measure.79 75 Interview with a representative of the academia. Article 491(1) of the Criminal Procedure Act (Zakon o kazenskem postopku), 29 September 1994. 77 Interview with the judge. 78 Article 492 of the Criminal Procedure Act (Zakon o kazenskem postopku), 29 September 1994. 79 Article 492(2) of the Criminal Procedure Act (Zakon o kazenskem postopku), 29 September 1994. 30 76