•
there is insufficient evidence for the existence of a reasonable suspicion that the
accused person has committed the offence he or she is charged with, or
•
there is a lack of proportion between the minor relevance of the criminal offence
(its risks are insignificant due to the nature or gravity of the offence, or because
the harmful consequences are insignificant or did not occur, or due to other
circumstances in which the criminal offence was committed and due to the low
degree of the perpetrator’s guilt, or due to his or her personal circumstances),
and the consequences of criminal prosecution.99
The law thus protects the presumption of innocence, as also required by the Court of
Justice of the European Union (CJEU) in the Case C 467/18.100
The court's ruling on the imposing of the security measure may be challenged within eight
days of its receipt by all those entitled to appeal against a court judgment, with the
exception of the injured party. An appeal may be lodged to the benefit of the accused
person even against their will.101
Implementation of the measure of compulsory psychiatric treatment and confinement
in a medical institution
The security measure is implemented in accordance with the provisions of the
Enforcement of Criminal Sanctions Act.102 The latter stipulates that the court which has
imposed the security measure refers the person to the health care institution in which the
measure is to be carried out.103 The security measure of compulsory psychiatric treatment
and care in a health care institution may be executed in the forensic psychiatric wards of
the health care institution which meet special professional and security conditions
prescribed by the law:104
99
Article 277(1) of the Criminal Procedure Act (Zakon o kazenskem postopku), 29 September
1994.
100
CJEU, Case 467/18, Request for a preliminary ruling from the Rayonen sad Lukovit — Bulgaria,
19 September 2019;
101
Article 492(5) of the Criminal Procedure Act (Zakon o kazenskem postopku), 29 September
1994.
102
Enforcement of Criminal Sanctions Act (Zakon o izvrševanju kazenskih sankcij), 23 February
2000.
103
Article 151(1) of the Enforcement of Criminal Sanctions Act (Zakon o izvrševanju kazenskih
sankcij), 23 February 2000.
104
Article 151(2) of the Enforcement of Criminal Sanctions Act (Zakon o izvrševanju kazenskih
sankcij), 23 February 2000.
35
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