National Preventive Mechanism
XX
Psychiatric care services must be aligned to the respective needs with as few restrictions for
the individual as possible. Sufficient services meeting these criteria must be made available
and further developed.
XX
Transfers of patients requiring hospital placement must be avoided where possible and must
be accompanied by psychiatrically trained personnel.
5.2.7
Involuntary placement without doctor‘s certificate as the
norm?
The law on involuntary placement distinguishes two types of forced
hospitalisation: the regular case with doctor’s certificate and the emergency
case, i.e. in the event of imminent danger and without a doctor’s certificate.
Public safety officers are thus authorised and obliged in general to bring a
person, who they consider requires involuntary placement for certain reasons,
to a doctor, or to call a doctor. If the doctor certifies that the conditions for
involuntary placement are given, the police must bring the person affected to
a psychiatric ward or organise the same.
Only in the event of imminent danger can the police bring the person
affected to a psychiatric ward without a medical examination and doctor’s
certificate. In reality however, the exception is becoming the rule. In rural
areas in particular it can be observed that the relevant qualified doctor for
examinations and certificates pursuant to the Hospitalisation of Mentally Ill
Persons Act is often not available. In some regions, it is becoming increasingly
difficult to fill permanent positions or to find municipal, county, parish and
district doctors.
Outside cities the
exception is becoming
the rule
Police officers have made it clear in interviews with commissions that it is
extremely stressful for them to have to decide autonomously whether a person
displaying behavioural disorders is suffering from an illness which, due to
acute and considerable harm to themselves or others, justifies the involuntary
placement in a psychiatric hospital. It also happens that the originally
perceived escalation eases during the forced hospitalisation and that doctors
in the psychiatric ward then do not see a reason for admitting the person.
This repeatedly causes conflict between all of those involved and questions the
legitimacy of state actions.
It is thus worth considering, for example, that emergency doctors and registered
medical specialists for psychiatry be legally empowered to issue certificates
pursuant to the Hospitalisation Act.
XX
The group of doctors authorised to issue the necessary certificate for involuntary placement
should be increased in order to limit the autonomous assessment made by public safety
officers to exceptions.
133
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