NATIONAL LEGAL AND POLICY FRAMEWORKS CONCERNING DEFENDANTS AND PERSONS DEPRIVED OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND IN PRACTICE need for inpatient psychiatric treatment, except in cases of involuntary or compulsory treatment ordered by the court.147 Тhe admitting doctor collects additional anamnestic data, performs a preliminary physical and psychiatric examination, determines the working diagnosis, the initial treatment and the degree of dependence on care. Within 24 hours after admission, the basic psychiatric examination is carried out by conducting a diagnostic interview, discussion of the case, consultations, formulation of the case and a treatment plan are prepared, a personal therapist is appointed. Within 24 hours the relevant district prosecutor is notified in writing if there are grounds for placing the patient on involuntary or compulsory treatment, as well as the relatives of a patient admitted for treatment without their knowledge, in cases when the patient is placed under full or partial guardianship or his condition is grounds for limiting his legal capacity.148 The guidelines/protocols for all therapeutic activities, staff duties, staff ratio, keeping documentation in psychiatric facilities are provided for in Ordinance 24 of 7 July 2004 issued by the minister of healthcare.149 Part of the initial assessment of any patient are the assessment of the suicidal and aggression risk. While performing these assessments the psychiatrist takes into consideration the family, social, housing, financial and job situation of the person among other risk factors. In practice, regarding the nature of the committed crimes the interviewed judges state different impressions – the Sofia District Court judge hears more cases about murder, physical abuse/bodily harm, arson, property destruction; the Sofia Regional Court judge while working at the District Court has heard mostly petty crimes – hooliganism, breaking of public property in the streets, bus stops, thefts etc. and lighter bodily harm; the District Court judge in a smaller town where a large psychiatric hospital is located deals with all kinds of crimes but most often physical abuse/harm, destruction of property and murders. The interviewed judges stated that they saw and heard the persons with disabilities personally and are of the opinion that this is crucial for the proceedings. The parents/close relatives are also present at the hearings and are also important participants especially when they take the responsibility to supervise the therapy of the person with disability at home in petty crime cases.150 The interviewed judges stated that during the hearings most of the persons concerned refuse to confess/try to hide that they performed the violent or a shameful act/crime, are not aware of their condition (sometimes they are still psychotic) and complain of the medicines, the doctors, the treatment conditions in the hospitals and sometimes of the police conduct during their detention and escort to the hospitals.151,152 147 Bulgaria, Ministry of Healthcare, Regulations on the structure and operation of medical facilities for inpatient psychiatric care under Article 5, Paragraph 1 of the Law on Medical Facilities (1.08.2000), Art. 10, available in Bulgarian at: https://lex .bg/laws/ ldoc/-12550144. 148 Bulgaria, Regulations on the structure and operation of medical facilities for inpatient psychiatric care under Article 5, Paragraph 1 of the Law on Medical Facilities, Art. 11. 149 Bulgaria, Ordinance 24 of 7 July 2004 for medical standard “Psychiatry”, issued by the minister of healthcare. 150 Bulgaria, Criminal Code, Art. 89, “a”. 151 Bulgaria, Interview with Sofia District Court judge V.K. on 9 June 2022. Some persons with disabilities themselves deny having a disease - they are not critical. Others are simulating. They have a practice to pretend that they are healthy, that they are being held in hospitals against their will, that they do not want to be treated because they do not need to be treated. They even judge 42 SLAVKA KUKOVA