JUSTICE FOR ALL Disabilities has also strengthened the right to self-determination of persons in forensic psychiatric detention.5 1 3 In sec 8, the person's right to self-determination is highlighted by involving them in the planning of treatment. The treatment and rehabilitation plan should be an offer towards the detainee and must consider alternative possibilities of inpatient stay (sec 8 para 2). When issuing the treatment plan, the principle of regionalisation must be considered. This provides the possibility of treatment and accommodation close to the residence (sec 55). The StrUG is oriented towards social rehabilitation and assigns a more significant role to the Forensic Outpatient Unit in treating the persons concerned (sec 16). These units will support detainees from the very beginning of their detention and are intended to ensure the treatment, care and supervision of detainees staying outside the inpatient area in preparation for release. Moreover, they will provide the treatment of persons concerned after the release. Night confinement is a regular practice in many facilities and is, among other things, a result of staff shortages and staff cuts.514 Night confinement can have negative consequences for the therapeutic process. It is therefore a good sign that night confinement is considered a special security measure (sec 32 para 1 No. 4). Therefore, a reasoned caseby-case decision is needed. When night confinement is ordered, the legal guardian, the legal representative and, at the request of the detainee, another trusted person must be informed immediately (sec 32 para 4). Nevertheless, night confinement is a regular practice in some facilities and is, among other things, a result of staff shortages and staff cuts.515 judgement of the FCC, restraining a person for more than 30 minutes is a deprivation of liberty that needs a judicial decision, the monitoring of a medical doctor as well as personal observation.516 Regarding the use of physical restraint, sec 33 para 6 states that uninterrupted, direct, personal oneon-one supervision has to be provided. The legislature thus followed the case-law of the FCC and the recommendation of the National Agency for the Prevention of Torture.517 According to sec 33, restraint is defined as a measure that deprives the person of their freedom of movement. The National Agency criticises that sec 33 lacks a definition of a 3-point-restraint: the lack of a clear definition can lead to the use of such restraint, even though it might not represent the milder means (in an individual case) and which is seemingly not covered by the procedural safeguards.518 According to sec 50, the house rules should contain detailed information on the personal rights and obligations of the detainees in easy-to-understand language. However, this has not yet been implemented by all facilities. Translations in other languages are also lacking.519 In conclusion, the success of the reform and the changes it will bring to the detainees will depend heavily on employees' attitudes toward those detained and on the quality of therapy services provided on-site.520 Innovative legal terms and regulations may enhance changes of attitude and practice, but they should however not be equated with them. Furthermore, it is worth emphasising that the protection of the general public is still at the forefront of the law while rehabilitation and the empowerment of the person's self-determination are only mentioned after that. According to Sec 33 para 2, restraint (Fixierung) may only be ordered as a measure of last resort if it is indispensable to avert a current significant danger to the person or a significant danger to the legal interests of others, and if, based on the person's behaviour or condition, other less severe measures to avert the danger do not appear to be sufficient. Following a 123

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents