IMPLEMENTATION UNDER NATIONAL LAW
2.5.3. FORMS OF SECURITY
MEASURES AND
COMPULSORY TREATMENT
2.5.3.1. FORENSIC
PSYCHIATRIC INSTITUTIONS
All six partner countries have legislation
providing for the committal to a closed
institution based on the absence of criminal
legal capacity, for compulsory treatment as
some form of security measure. Throughout
the research and across all countries, grave
concerns have emerged regarding the conditions of detention, coercive treatment and
possibilities of unlimited detention within
forensic psychiatric institutions (see Section
2.6.1).
In Lithuania, Slovenia, Bulgaria and Italy,
when a defendant is determined to be not
criminally responsible, compulsory treatment/compulsory medical measures are ordered by a court which can be implemented
either as an inpatient confinement or in an
outpatient manner in the community. It is
important to mention, if treatment is ordered
in an outpatient fashion, it is still compulsory.
In Lithuania, different options of compulsory
medical treatment measures may be ordered
by the court:188 (i) out-patient observation
under the conditions of primary mental
healthcare; (ii) in-patient observation under
the conditions of a general observation at
a specialised mental healthcare establishments; (iii) in-patient observation under the
conditions of an enhanced observation at
specialised mental healthcare establishments; and (iv) in-patient observation under
the conditions of a strict observation at specialised mental healthcare establishments.
In Slovenia, the security measure of compulsory psychiatric treatment and care in a
healthcare institution may be enforced in the
forensic psychiatric wards of the healthcare
institutions that meet special professional
and security conditions prescribed by the
law.189 Currently there is only one such facility in Slovenia, the Forensic Psychiatry Unit
of the University Clinical Centre Maribor. All
persons subjected to the security measure
58
of compulsory psychiatric treatment and
confinement and those detained during the
proceedings for the application of the security measures are placed in this facility.190
In Bulgaria, compulsory treatment (inpatient and outpatient) may be ordered for
persons who were found to lack criminal
legal capacity due to an intellectual and/
or psychosocial disability at the time of
the commission of the offence, defendants
who have developed mental incapacity
before the judgement was delivered and
detainees who developed mental incapacity
while serving their sentence. This order of
compulsory treatment may take the form of
(i) outpatient treatment under the supervision of a psychiatric clinic and in the care of
relatives; (ii) inpatient treatment in a general
psychiatric facility; or (iii) inpatient treatment
in a specialised psychiatric hospital or in a
specialised ward in a general psychiatric
facility.191 The court-ordered compulsory
treatment may be discontinued or amended
when this is required by changes in the
patient’s condition or if it is necessitated by
the course of his/her treatment.
In Italy, defendants who are found to be
either not criminally responsible or to
have diminished criminal legal capacity,
may receive a court-ordered committal to
a Residence for the Execution of Security
Measures (Residenze per l’Esecuzione delle
Misure di Sicurezza (REMS)). As of 2021,
there were 36 REMS facilities across the
country, with considerable waiting lists.
In Germany, compulsory treatment can be
ordered as "forensic psychiatric detention",
which describes the execution of custodial
measures of correction and incapacitation.192
Forensic psychiatric detention purports to
protect the general public from serious unlawful acts, as the committal is coupled to an
assessment of the person’s dangerousness,
as well as to provide treatment. The detention aims to treat the person concerned
until inpatient detention no longer proves
necessary, which may be indefinite.
In Austria, persons with an intellectual and/
or psychosocial disability who have com-
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents