NATIONAL LEGAL AND POLICY FRAMEWORK CONCERNING DEFENDANTS AND PERSONS DEPRIVED
OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE
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suspect may be transferred to another special institution
until the court decides on the imposition of coercive
medical measures. The time spent in another special
institution is extended by a judge’s order and is included
in the time of detention.
A relevant problem referred to by research participants
in interviews was the potentially long waiting time before
the psychiatric forensic examination may be obtained:
„There are long queues and people just
waiting for their examination, so this
is a problem <…> there is especially a
lack of adolescent psychiatrists, forensic
experts, forensic psychologists. In
essence, work positions are missing that
is why queues exist, otherwise there
would be more capacity; however, the
situation is the way it is due to the lack
of professionals.”73
During the proceedings concerning an act committed by
a person with diminished criminal legal capacity or not
criminally responsible, as well as a person whose mental
health condition occurred after the commission of the
offence and as a result, they are unable to comprehend
the essence of their own actions or to control them, it
must be proven that: a) the time, place, manner and other
circumstances of the commission of an act are forbidden
by criminal law; b) whether the act prohibited by criminal
73
Quote from one of the semi-structured interviews.
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