to the proceedings do not request one, the court will just issue a written decision
regarding the extension of the measure.
The judge also mentioned that during the Covid-19 pandemic, the hearings took place via
videoconference. Due to staff shortages, this practice also persists after the pandemic, as
the prison that is responsible for the transfer of the person to the court for the hearing
often requests that the hearing takes place remotely. But the judge also explained that
the hearing in person is important: “In a recent case, where the prison asked for a remote
hearing, I opted for a postponement so that I could see him for once in person, I believe
that such personal contact is different.” 96
An interviewed lawyer mentioned that at the hearings, it is very difficult or impossible to
dispute the opinion given by the forensic psychiatry unit where the measure is being
implemented. Similarly, the interviewed prosecutor reported that the court gives the
greatest weight to the opinion of the unit, while the prosecutor's opinion has no
significant influence on the court's decision on whether or not to extend the measure.97
Remedies
The defendant may submit an objection against the motion of the state prosecutor to the
court to order the security measure. The district court panel of judges then decides on the
objection by the mutatis mutandis application of the provisions of the CPA on an objection
against the indictment.98 By linking this remedy to the provisions regarding an objection
against an indictment, the law ensures that the prerequisites for filing a criminal
indictment are also met in the proceedings for ordering security measures. Namely,
mutatis mutandis, the panel of judges deciding on the objection rules that the motion is
inadmissible, if:
•
the act which is the subject of the indictment is not a criminal offence;
•
circumstances exist which exclude guilt or criminal liability and there are no
grounds for the application of safety measures;
•
the criminal prosecution is statute-barred, or the act is covered by an amnesty or
pardon, or other circumstances exist barring prosecution;
96
Ibid.
Interview with a prosecutor.
98
Article 491(4) of the Criminal Procedure Act (Zakon o kazenskem postopku), 29 September
1994.
97
34
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