JUSTICE FOR ALL Great limitations concern the whole system of measures aimed at those persons with intellectual or psychosocial disabilities who are recognised as people who cannot be charged. In their case, the abolition of forensic psychiatric hospitals should have also caused a paradigm shift from one centred on the prevalence of the public interest in security (which entailed a 'neutralisation' of the person) to the prevalence of the right to health care (balanced by the collective right to security) of the person declared unfit to stand trial because of an intellectual or psychosocial disability. For this reason, in the idea of the 2014 legislator, the introduction of the REMS should have represented an extrema ratio in a framework of management of cases of social dangerousness that should have been managed on the territory and by the territory in particular by the mental health services. However, the greatest limitation lies precisely here. There are few residential facilities (e.g., community facilities) able to cope with these requests and little if any territorial coordination between health authorities, courts and community facilities. There is also resistance in the culture of all the institutional actors involved in this issue, who end up resorting more easily to the known routes, preferring detention or in any case measures of deprivation of liberty. impossible to 'unload' people who develop an intellectual or psycho-social disability onto REMS. Until then, the prison institution had in fact the possibility of having an institution, OPGs, on which to ‘unload’ all problematic and difficult cases. The prison would have continued to send people to the REMS and overcrowd them, as it did with the OPGs before, using the label of intellectual or psychosocial disability as an 'excuse' to delegate the management of that individual to others. The only way to break this mechanism, was to distinguish the sanctioning response, precluding, by law, the possibility of resorting to admission to REMS. The REMS also have certain limitations, two of them being the fact that the waiting lists are often filled by people awaiting in prison (the ECtHR recently expressed its opinion in the Sy vs. Italy case). Secondly, even though the law that led to the abolition of the OPGs also abolished the so-called ‘white life sentences’, imposing a maximum limit on the duration of the measure of confinement in the REMS, making it coincide with the duration of the maximum sentence for the crime committed, in reality, leaving the REMS is often not so simple and straightforward. Recommendation Rec(2006)2-rev of the Committee of Ministers to member States on the European Prison Rules stresses that prisoners shall be allocated, as far as possible, to prisons close to their homes or places of social rehabilitation.522 Also, the creation of the REMS system has created an important effect on the management of people with intellectual or psychosocial disability in prisons within the ATSMs. Indeed, Law No 81 of 2014 made it Despite the many limitations and criticalities of the REMS system, it is undeniable that it represents a great improvement from the previous OPG system both in terms of conditions of detention (which were previously called ‘unworthy of a civilised country’ by the President of the Republic) as well as of mental health service, which is now oriented on the care needs of the person. From these points of view, the REMS system can be considered a success even though many improvements still need to be done. ANNEX 5: LITHUANIA - HALFWAY HOUSES IN LITHUANIA The first Halfway House in Lithuania was opened in 2016, in Alytus, after the Ministry of Justice of the Republic of Lithuania started the implementation of the project supported by the Kingdom of Norway "Reducing the number of convicts held in closed-type penitentiary institutions by establishing 4 new open-type penitentiary institutions". Subsequently, Halfway Houses were opened in Marijampolė, Vilnius and Pravieniškės. A Halfway House is a special structural unit of a penitentiary or remand home, the main 127