Legal Approaches to Criminal Responsibility of Mentally Disordered Offenders in Europe

Wolf, Michiel van der; Marle, Hjalmar van

doi:10.1007/978-3-319-74664-7_3

Cited by 5 publications

(8 citation statements)

References 13 publications

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“…Roman laws (ius commune) codified between 100 BC and 300 AD were collated into the Codex Justinianus (part of the Corpus Juris Civilis) around 530 AD [3]. This collection of laws made reference to criminal responsibility, stipulating that a 'lunatic' could not be punished for a criminal act as he/she was 'excused by the misfortune of his fate' [1].…”

Section: Research Resultsmentioning

confidence: 99%

“…Lawyers for a defendant support their client through the proceedings, present the facts of the case from their client's perspective and aim to encourage judges to exercise any discretion they may have in sentencing in favour of their client. The amount of discretion a judge has varies, with Mediterranean countries allowing for more flexibility in rulings, and jurisdictions like France, Belgium and the Netherlands prescribing more detailed laws [1].…”

Section: Research Resultsmentioning

confidence: 99%

“…& F. 200). This test originates in caselaw and additional components, such as the 'irresistible impulse test', have been added to this in subsequent cases [1,7].…”

Section: Research Resultsmentioning

confidence: 99%

“…The requirement that a 'defect of reason from disease of the mind' resulted in the inability to know the nature, quality or wrongfulness of an act means that the approach to criminal responsibility in England and Wales is primarily cognitive. 1 In many civil law jurisdictions, tests of criminal responsibility are enshrined in statute. These typically have cognitive and volitional elements [1].…”

Section: Research Resultsmentioning

confidence: 99%

“…1 In many civil law jurisdictions, tests of criminal responsibility are enshrined in statute. These typically have cognitive and volitional elements [1]. An example of this can be seen in § 20 of the German Criminal Code (StGB), which states: 'Whoever, at the time of the commission of the offence, is incapable of appreciating the unlawfulness of their actions 1 Following a 'special verdict' in a Crown Court, the court can use § 5 Criminal Procedure (Insanity) Act 1964 to order a hospital order as stipulated in § 37 Mental Health Act 1983.…”

Section: Research Resultsmentioning

confidence: 99%

See 4 more Smart Citations

Forensic Mental Health in Europe: Shared Legal Heritage and Contemporary Landscape

Tomlin¹,

Völlm²

2021

Health Sciences

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This paper provides an overview of some of the key features of forensic mental health systems around Europe. Forensic mental health systems share in common the aim to assist in the rehabilitation of people diagnosed with a mental disorder and reduce reoffending or risk of harm. How these aims are pursued varies across the continent. We suggest that best practices can be learnt from observing different countries’ approaches. This paper has six foci: legal traditions in Europe, the concept of criminal responsibility, patient pathways through forensic systems, epidemiological studies of forensic patients, training programmes in forensic mental health, and recent developments in the field across Europe. Readers should reflect on these topics in the context of their own country and how these diverge/converge from the countries described in this paper.

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Section: Research Resultsmentioning

confidence: 99%

Section: Research Resultsmentioning

confidence: 99%

“…& F. 200). This test originates in caselaw and additional components, such as the 'irresistible impulse test', have been added to this in subsequent cases [1,7].…”

Section: Research Resultsmentioning

confidence: 99%

Section: Research Resultsmentioning

confidence: 99%

Section: Research Resultsmentioning

confidence: 99%

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Forensic Mental Health in Europe: Shared Legal Heritage and Contemporary Landscape

Tomlin¹,

Völlm²

2021

Health Sciences

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Forensic Treatment Services in the Czech Republic: Current State and Future Challenges

Páv

Skřivánková

Wiseman

et al. 2020

International Journal of Forensic Mental Health

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In the Czech Republic (CR), Forensic Treatment (FT) is provided to approximately 600 individuals per year. FT services consist of Protective Treatment (PT) provided in healthcare services, and quasi-compulsory treatment and Secure Detention (SD) provided by prison services. Currently, there are 13 facilities providing inpatient PT treatment; meanwhile, 386 clinics provide outpatient PT treatment. 950 patients receive inpatient and 2300 outpatient treatment; there are 85 patients placed in Secure Detention. Czech psychiatric care is currently undergoing a reform that aims to develop community care services and improve psychiatric hospitals. PT system development must be part of this reform process. The long-term aim should be to separate PT systems from the rest of psychiatric care, build Protective Multidisciplinary Teams providing community care, and support outpatient PT care. There is a need to implement risk assessment using structured professional judgment tools to ensure routine risk assessment is undertaken in all phases of the treatment system, and to adjust interventions and management plans to these risks. Furthermore, as a part of the care system transformation, it is necessary to build special services for minority populations to target their specific needs. There is also a need to improve data collection in regard to FT.

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Factors Influencing Patient Participation in Inpatient Forensic Psychiatric Care – A Mixed-Method Systematic Review

Vidaurrazaga Aras,

Alexiou,

Nilsson

et al. 2024

International Journal of Forensic Mental Health

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Legal Approaches to Criminal Responsibility of Mentally Disordered Offenders in Europe

Cited by 5 publications

References 13 publications

Forensic Mental Health in Europe: Shared Legal Heritage and Contemporary Landscape

Forensic Mental Health in Europe: Shared Legal Heritage and Contemporary Landscape

Forensic Treatment Services in the Czech Republic: Current State and Future Challenges

Factors Influencing Patient Participation in Inpatient Forensic Psychiatric Care – A Mixed-Method Systematic Review

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