the case of the security measure and the deprivation of liberty can be periodically
extended indefinitely.117
Another issue is the question of treatment of persons that are considered to be high-risk
patients after the expiry of the five-year maximum. In our research this was particularly
emphasised due to (rare cases) where the patients committed severe crimes after their
release.118 The existing social care institutions do not wish to accept them, as they lack
the necessary conditions for their placement and supervision.119 There are reports of
cases of persons who remain in the forensic psychiatry unit even after the expiry of the
maximum of five years, which is a clear violation of the law.
In terms of possible solutions, an interviewed psychiatrist explained that there are longstanding plans to open a special institution for such patients, but that these plans are far
from being realised. The plan would be to provide security on the outside, but maximum
life quality on the inside: ”People can work there if it is feasible, they can do gardening,
farming, they can have contact with domestic animals, pets, then religious activities,
fitness. You can do practically everything that a person needs, but of course within the
framework of this institution. Usually, which is common abroad, they are like one small
village, but of course it is well guarded, fenced, you get inside in a way that maybe you get
on an airplane or in a prison if you want.”120
However, the interviewed NGO representative disagreed, arguing that additional
institutions are not the solution as they simply do not work. It is also the negation of the
global deinstitutionalisation movement: “I think that the whole criminal justice system
and the mental health system needs to be overhauled and made really rehabilitationoriented, so that people can go back into the community. I think it is a question of whether
we want to punish people or whether we want to rehabilitate them. I think we want to
punish them.”121
117
Interview with a psychiatrist I.
Interview with a prosecutor.
119
Interview with a psychiatrist I.
120
Ibid.
121
Interview with a representative of an NGO that is representing persons with psychosocial
disabilities.
118
41
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