Correctional institutions stricter precautionary measures can be assumed, which entail more restrictions to freedom and less easing of measures. Untenable practice The Federal Ministry of Justice conceded that there really are different systems for collecting information in the different locations; however, the advisory opinions are not generally provided to the treating institutions on a routine basis. Some institutions receive the advisory opinions through the competent court, some through the legal representative or court-appointed expert (with declaration of consent of the affected patient respectively), and others organise the advisory opinions through the patient in question themselves. The treating institutions thus use an individually selected way to achieve a satisfactory information status. They report however unanimously of an objective need for accessing information through the advisory opinions. Lack of a legal base The Federal Ministry of Justice recognises that the delayed initiation of therapies shall not be caused by an extended information flow, but remarked that this is not a prison-related problem (and not a regional Graz problem either). The issue is that the existing statutory provisions are being applied by the independent courts. In this context, it is about the examination of an individual case, which requires an application accordingly. Disclosure should be an obligation The result is that the current legal situation would thus be confronted with a binding structure of timely access to advisory opinions in the referral procedure. The courts are not obliged to disclose information on their own initiative. The NPM considers the enforced legal regulations inadequate. They in no way conform with the intensification requirement. The NPM recommended the Federal Ministry of Justice to urgently forward the problem to the competent specialised department. A legal regulation should be integrated in the Reform Act on the Detention of the Mentally Ill Offenders 2020. The structure of the draft suggests that Section 30 (1) would be applicable here. X If the referral advisory opinion is not available to the hospital when treatment is initiated, therapies can only be applied with delays. X If the persons treating and nursing patients do not have the necessary documents, this has a negative effect on measures that restrict the freedom of the patients. 131

Select target paragraph3

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