IMPLEMENTATION UNDER NATIONAL LAW special departments of prisons. Currently, there is only one specialised forensic therapeutic centre and three special departments in prisons.201 A recently passed reform law foresees the extension of forensic-therapeutic institutions instead of detaining persons in special departments of “ordinary” detention facilities.202 2.5.3.3. PRE-TRIAL DETENTION offence was committed in a state of diminished or lack of criminal legal capacity and public safety requires detention in a psychiatric hospital or addiction treatment facility. However, detention in a psychiatric hospital prior to judgement or a detention order also means that even the suspicion of a disability, together with the suspicion of being dangerous, is sufficient to place the individual in a system of measures of correction and incapacitation.205 The research in the six partner countries has shown that, with regard to pre-trial detention, persons with intellectual and/or psychosocial disabilities subject to criminal proceedings may either (a) spend the proceedings phase at liberty, (b) serve pre-trial detention in an ordinary prison or (c) serve some form of provisional security measure. Experts have mentioned that where alternatives to pre-trial detention exist, such as home arrest, electronic monitoring or bail, these options are rarely applied to defendants with intellectual and/ or psychosocial disabilities. In Austria, persons with intellectual and/or psychosocial disabilities who are considered to possess criminal legal capacity are usually detained in (ordinary) pre-trial detention facilities. Persons who are considered to lack criminal legal capacity, who are subjected to pre-trial measures should be placed in forensic-therapeutic centres.206 Where appropriate – and provided that the person concerned receives appropriate treatment and care – they may be placed in a psychiatric public hospital or in the psychiatric department of a public hospital.207 A temporary committal to a form of security measure may be imposed with relative ease, provided there are grounds to assume that the defendant may not be criminally responsible or that they may pose a danger to society. Another purpose of committal at this stage may be to conduct (forensic) psychiatric assessment and observation for the purpose of drawing up psychiatric expert opinions on the mental capacity of the defendant. For example, in Bulgaria, persons with intellectual and/ or psychosocial disabilities serving pre-trial detention are detained in “ordinary” prisons, without any special regimes. However, a court may commit a person to a psychiatric hospital for assessment for a duration of up to 30 days; this type of measure is considered a form of pre-trial detention by law. The time period for the assessment may be extended once by no longer than 30 days following the same procedure as above if the court-appointed period proves insufficient.203 In Italy, provisional security measures may be imposed on persons subject to criminal proceedings which are served in the REMS.208 In Germany, temporary detention in a psychiatric hospital may be ordered, which is considered neither a measure nor pre-trial detention.204 It can be ordered if there are pressing reasons for the assumption that the 60 2.5.4. DURATION AND LIMITS In four out of the six partner countries (Germany, Austria, Bulgaria, and Lithuania), unlimited and indefinite deprivation of liberty of persons with intellectual and/or psychosocial disabilities is possible, meaning the imposed measures do not contain a time limit and may last for as long as the grounds for their imposition prevail. In other words, the detention may continue, unless the detainee’s mental condition improves (i.e., they are considered “cured”) or the detainee is no longer considered to be a danger to society (see Section 2.6.8.1). Experts in the consultation workshops have noted that the lack of a concrete time limit for the confinement in an institution leaves persons feeling powerless, without agency and that their (life) time, hopes and wishes are worthless. However, a significant issue here is that facilities may often simply not offer the treatment/therapy that would be necessary