JUSTICE FOR ALL
conference. Developing the future plan
alongside the social net and the probation
officer can have a very positive psychological
effect on the person concerned, giving them
perspective and the feeling of ownership of
this plan.
Further advantages include:
• comprehensive, interactive information
flow on all sides (professionals, family
members, the person concerned);
• well and comprehensively planned leisure
activities; and
• more clarity regarding tasks, roles and
responsibilities, as well as more understanding and acceptance for necessary
plans.
In addition, SNCs are not only an advantage
for the person concerned, but also for the
relatives and caretakers, who may otherwise
feel overwhelmed and left alone with problems and burdens they have experienced
with their relatives' situation/disability.
Against this background, they experience
the SNCs as a forum in which they have
been comprehensively informed for the first
time about the requirements, tasks, aspects
and problems to be considered.503 Last but
not least, the prison facilities, whose capacities are often overstretched, also benefit.
In order to alleviate strain on the prison
facilities and forensic therapeutic centres,
alternative measures to deprivation of liberty
are urgently needed.
IV. REMAINING
CHALLENGES
While there are many advantages to the
implementation of SNCs, some challenges
remain. Firstly, the implementation in
practice depends crucially on whether
there will be enough outpatient alternative
support measures and resources to the forensic-therapeutic centres. This also requires
secure funding.504
Secondly, studies have shown that the
success rate often depends on whether the
person concerned is embedded in a suitable
social network. However, unfortunately,
many defendants and detainees with intellectual and/or psychosocial disabilities do
not have a strong social environment which
may preclude them from this opportunity.505
Furthermore, considering the interests and
needs of victims of violent acts requires sensitivity, especially if the acts have occurred in
a social proximity and if there is a possibility
of future contact between the victim and the
perpetrator. In such cases, it is advisable to
diligently examine and plan the involvement
of the victim's side in advance.506
In addition, SNCs are under considerable
time pressure. The SNC has little time to talk
to all relevant actors (family, psychologists,
doctors, the concerned person himself) from
their commencement until the time of the
decision about a possible alternative measure. However, they require sufficient time
for good quality planning about the future of
the person concerned, which is crucial for a
positive decision of the court regarding any
alternative measures.507
Finally, since Art 431 (2) 2 ACCP is merely
a discretionary provision, it remains to be
seen to what extent judges will make use
of the right of ordering a SNC. So far SNCs
are only foreseen in case of the refraining
from the execution of preventive measures, but not conditional release (as the
reform law does not cover the conditional
release yet).
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