NATIONAL LEGAL AND POLICY FRAMEWORKS CONCERNING DEFENDANTS AND PERSONS DEPRIVED OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND IN PRACTICE The Bulgarian legislation contains a definition only for a legal representative in the meaning of а guardian to a person with an IPD who has been placed under guardianship by the court.91 No procedure has been set out by any authority for any type of proceedings regulating the appointment of a guardian/support person for the adults with IPD who are not placed under guardianship when they participate in justice proceedings (their number is exceedingly larger than the number of persons placed under guardianship). However, the general rule of the Criminal Procedure Code regulates that a husband or a lineal descendent or ascendent of the person can serve as a defender of such a person if he/she is indicted.92 It is only once the person with disability has been accused - and then mostly when poverty is indicated or when required by the severity of the offence - that a pro forma public defender is appointed with the assumption, but not the legal obligation, that he/she shall provide adequate support and assistance to the accused. Legal defence/assistance is mandatory in cases: when persons are accused of an offence that is punishable by deprivation of liberty for a minimum of 10 years or an offence punishable with a more serious penalty; if the case is decided in the absence of the defendant; if the defendant cannot afford to pay for the attorney’s services but wants to have an attorney and this is required in the interests of justice.93 All of these legal scenarios are applicable to persons with IPD, as shown in real cases. In this way even when persons with IPD are not assessed as such and not provided legal aid under the provision of Article 94, para.1, item 2 of the Criminal Procedure Code, they receive mandatory legal aid in some cases under the abovementioned provisions. No other “reasonable accommodation” measures are provided for in the Criminal Procedure Code. Since 2019 the Persons with Disabilities Act provides that “the judiciary, as well as all state institutions, shall ensure that persons with disabilities have effective access to justice on an equal basis with others, including by providing them with procedural and age-appropriate support measures in view of their role in all phases of the process. The programs of the National Institute of Justice and the Academy of the Ministry of Interior include training programs for working with people with disabilities.” 94 However, this provision is not implemented in practice at present. 91 Bulgaria, Persons and Family Act (10.09.1949), Art.5, available in Bulgarian at: http://www.lex.bg/bg/laws/ldoc/2121624577. According to Art. 5 “minors and adolescents who, due to feeble-mindedness or spiritual malady are unable to manage their affairs shall be placed under full guardianship and shall be declared legally incapable. Adults suffering from such disabilities whose condition is not so serious so as to necessitate full guardianship shall be placed under partial guardianship. The legal transactions of persons under para. 1 shall be regulated according to Art. 3, para. 2, and the legal transactions of persons under para. 2 shall be regulated according to Art. 4, para. 2.“ According to Art. 3, “minors are persons under the age of 14. Their legal representatives – parents or guardians – are required to perform legal transactions instead of and on behalf of the minors.” According to Art. 4, “Adolescents are all persons between the ages of 14 and 18. They may not perform legal transactions without their parents’ or guardians’ consent. They may, however, carry out ordinary acts forming part of everyday life and have access to the resources obtained in consideration for their work.“ Family Code (1.10.2009), Art. 153, available at: http://www.lex.bg/bg/laws/ldoc/2135637484. 92 Bulgaria, Criminal Procedure Code, Art. 91, para. 2. 93 Bulgaria, Criminal Procedure Code, Art. 94, para. 1, items 3, 8, 9. 94 Bulgaria, Persons with Disabilities Act, Art. 67. 32 SLAVKA KUKOVA