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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: In Hungary, in the case of committing a criminal offence, people with mental disorder – based on the court's decision and sentence – are sent to the Forensic Psychiatric and Mental Institution for the purpose of compulsory psychiatric treatment. This institution is under the administration of the Hungarian Prison Service and its main task is providing a specialised health care, where traditional psychiatric treatment and prison service duties are combined. In order to improve its current practices and to learn new possibilities, the Hungarian Prison Service would like to survey the practice of European Prison Services to understand how does the treatment of sentenced criminals is carried out. This will help guiding the ongoing legislative discussions to the best possible direction.
Yes. There are psychiatric prisons in Spain aimed at offenders who do not fall under criminal responsability due to their mental disease. In these cases, treatment is mainly psychiatric.
If a criminal offence has been committed, is it a judicial court or a health authority that decides on the punishment and whether the offender is punishable?The Court itself, under the State of Law and following prescriptions of the Spanish Penal code for those cases.
Is the execution of the psychiatric treatment under the authority of the prison service?Yes. Both psychiatric prisons are ruled by the Spanish Prison Service.
If yes, how does the placement and psychiatric treatment work in your prison service?Offenders are placed in these special prisons and receive the most suitable treatment according to psyquiatric and clinic recommendations.
If not, which body/organization is responsible for the execution? If not, which body/organization ensures the detention (security, guarding) in case of compulsory psychiatric treatment? If not, which body/organization ensures the healthcare, psychiatric treatment, therapy in case of compulsory psychiatric treatment?As an alternative to imprisonment alone, the Swiss Criminal Code provides for the ordering of inpatient therapeutic measures if the offender was suffering from a mental disorder at the time of the offence. These measures are not linked to guilt but to the offender's need for treatment. Consequently, a therapeutic measure can also be ordered in the case of diminished or completely absent culpability.
If a criminal offence has been committed, is it a judicial court or a health authority that decides on the punishment and whether the offender is punishable?The court sentences the person to an inpatient measure or to delict-oriented psychiatric treatment if a sentence alone is not sufficient to prevent him/her from committing further offences. In Switzerland, in addition to measures for the treatment of a serious mental disorder (Art. 59 SCC) and addiction (Art. 60 SCC), there are measures for young adults (Art. 61 SCC) and outpatient treatment (Art. 63 SCC). The basis for ordering a therapeutic measure is a psychiatric report written by a medical expert, which must also comment on the question of culpability. If a mental disorder is present, the sentence is deferred in favour of the measure. This means that the convicted offender must first undergo therapeutic treatment in a suitable institution. If the treatment can be successfully completed, the remaining sentence may still have to be served.
Is the execution of the psychiatric treatment under the authority of the prison service?Enforcement is the responsibility of the cantonal enforcement authority, whereby inpatient measures can be carried out in specific forensic clinics or also in correctional institutions with the corresponding therapeutic offer (correctional institutions for measures or correctional institutions with special therapeutic departments). Increasingly, private institutions, in the sense of "residential homes", provide places for offenders with a therapeutic measure. Depending on the Canton, the forensic services that carry out the treatment are either independent, affiliated to an external institution (e.g. a university clinic) or integrated into the office of the enforcement authority. However, professional independence is guaranteed in all cases.
If yes, how does the placement and psychiatric treatment work in your prison service?If a person is sentenced to an inpatient measure, it is the task of the enforcement authority to find a suitable facility for this. During this time, the person usually waits in a prison for a place in a measure enforcement facility. As a rule, basic psychiatric care is provided in prisons (regular visits by the psychiatrist in charge for medication, possibility of crisis intervention talks). In a facility specialised in inpatient correctional measures, treatment is provided by psychiatric-medical and psychological-psychotherapeutic staff (regular visits for the purpose of medication treatment, individual (usually once a week) and group therapies). In delict-oriented psychotherapeutic treatment, the focus is on individual relapse prevention. Many institutions are also organised in the form of group correctional treatment, in which the persons are influenced by milieu therapy by regularly reflecting on living together and the group processes, and by learning and practising strategies for functional relationship management. The programme is supplemented by occupational education measures. The prison authorities can be asked for a relaxation of the sentence, for which a therapeutic progress in the offence-relevant topics is a prerequisite. In many cases, individual step-by-step programmes are developed and recommended for this purpose, which provide for loosening of the sentence to an ever greater extent. The inpatient measure is reviewed by the enforcement authority at least once a year. The progress of the therapy must be described in two separate reports (correctional institution and therapy) - this is used to check for conditional release or continuation of the measure
If not, which body/organization is responsible for the execution? If not, which body/organization ensures the detention (security, guarding) in case of compulsory psychiatric treatment? If not, which body/organization ensures the healthcare, psychiatric treatment, therapy in case of compulsory psychiatric treatment?Sweden does not practice insanity defence legislation, where offenders are not to be held responsible if they ‘lack the guilty mind or intent’, and where offenders deemed unfit to stand trial or found not guilty by reason of insanity can be diverted from sentencing. Offenders with severe mental disorders in Sweden can therefore be held responsible for their actions. However, the court can impose a pre-trial forensic psychiatric assessment in order to decide if an offender suffers from a severe mental disorder, and sentence the individual to forensic psychiatric care or community sanctions and measures (CSM) instead of prison. Forensic psychiatric care is the most common sanction among individuals with severe mental disorders who have committed serious crimes (where prison would be a plausible sanction). It should be noted that these offenders are held criminally responsible, liable for damages, and encumbered with a criminal record. Forensic psychiatric care is always initially inpatient care, on compulsory basis. After an initial period of inpatient care, care can continue as outpatient care (still on compulsory basis). In most cases, discharge from forensic psychiatric care is not possible without the approval of an administrative court. Once a sentence to forensic psychiatric care is determined, the treatment falls under the Ministry of Health (and not the prison authority/Ministry of Justice).
If a criminal offence has been committed, is it a judicial court or a health authority that decides on the punishment and whether the offender is punishable?It is the criminal court that determines the sanction. The court can order a forensic psychiatric assessment, in order to provide information about whether or not an offender suffers from a severe mental disorder and should be sentenced to forensic psychiatric care instead of prison. The forensic psychiatric assessment is a team-based assessment performed by The National Board of Forensic Medicine, an expert authority within the Swedish judicial system (under the Ministry of Justice).
Is the execution of the psychiatric treatment under the authority of the prison service?No
If yes, how does the placement and psychiatric treatment work in your prison service? If not, which body/organization is responsible for the execution?Forensic psychiatric care (=a sentence to coercive care) is executed by the health authorities, under the Ministry of Health. However, if an individual is sentenced to prison and present with mental health disorders, he or she will be treated accordingly, by recommendation of a doctor. The Prison and Probation Service has no statutory obligation to provide care, but does so for security and practical reasons. This health care is delivered by the Prison authority/the Ministry of Justice. Prison health care consist of primary health care and some specialist psychiatric care. There are employed psychiatrists and psychologists who offer pharmacological and therapeutic treatment. The Prison and Probation Services does not provide compulsory psychiatric care. If compulsory psychiatric care is needed, or if for other reasons the adequate care cannot be provided within the prison, the inmate will be transferred to hospital.
If not, which body/organization ensures the detention (security, guarding) in case of compulsory psychiatric treatment?The health care authorities, under the Ministry of Health.
If not, which body/organization ensures the healthcare, psychiatric treatment, therapy in case of compulsory psychiatric treatment?Offenders who are sentenced to forensic psychiatric care will be placed in forensic psychiatric hospitals (there are 25 forensic psychiatric hospitals in Sweden, in a population of 10 million). The forensic psychiatric hospitals are operated by the health care authorities, under the Ministry of Health. Forensic psychiatric care includes guarding and adequate security measures.
Only the court can decide on the protective psychiatric treatment (in out-patent or in-patient form) of the criminal offenders with mental disorder and that on the basis of the forensic expert opinion. The initiative for forensic proving/exclusion of the mental disorder can be made practically by all parties participating in the court proceedings. In cases determined by the law, the court may order the treatment in the psychiatric penitentiary facility instead of the prison sentence execution or protective treatment (if it would not fulfil its purpose in the view of the mental incurable disorder of the criminal offender).
If a criminal offence has been committed, is it a judicial court or a health authority that decides on the punishment and whether the offender is punishable?The punishment is decided solely by the court, and that on the basis of the forensic expert opinion prepared by the forensic expert in the field of psychiatry (alternatively also by more forensic experts).
Is the execution of the psychiatric treatment under the authority of the prison service?Yes, the protective psychiatric treatment is ensured for convicts during their prison sentence execution in the psychiatric ward of the Hospital for accused and convicted persons and Prison in Trenčín (hereinafter only “Prison hospital Trenčín”) by the prison specialized health care staff.
If yes, how does the placement and psychiatric treatment work in your prison service?During serving the prison sentence/pre-trial detention, the criminal offenders with mental disorder are in-patient treated in the psychiatric ward of the Prison hospital Trenčín, where it is also possible to provide the forensic observation of the patient in case the court (or another party involved) call in a forensic expert in the field of psychiatry in order to elaborate the forensic expert opinion. The Prison hospital Trenčín ensures also the protective treatment ordered by the court. Under newly prepared legislation, in the case of a patient with an incurable permanent mental disorder and he/she is also dangerous for himself/herself or for the health and life of others, the court will be able to interrupt the prison sentence and to order the placement of such person in the psychiatric penitentiary facility. At present, this is only a theoretical possibility, given that the psychiatric penitentiary facility in Slovakia is built, but it is not yet fully staffed with the health care staff.
If not, which body/organization is responsible for the execution?-
If not, which body/organization ensures the detention (security, guarding) in case of compulsory psychiatric treatment?-
If not, which body/organization ensures the healthcare, psychiatric treatment, therapy in case of compulsory psychiatric treatment?-
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Yes
If a criminal offence has been committed, is it a judicial court or a health authority that decides on the punishment and whether the offender is punishable?See attachment
Is the execution of the psychiatric treatment under the authority of the prison service?See attachment
If yes, how does the placement and psychiatric treatment work in your prison service?See attachment
If not, which body/organization is responsible for the execution? If not, which body/organization ensures the detention (security, guarding) in case of compulsory psychiatric treatment?See attachment
If not, which body/organization ensures the healthcare, psychiatric treatment, therapy in case of compulsory psychiatric treatment?See attachment
Attachments:
Health care, including psychiatric treatment, for arrested and convicted persons (hereinafter – prisoners) in prisons is provided in accordance with the requirements of Section 22 of the Law on the Procedures for Holding under Arrest and Section 78 of the Sentence Execution Code of Latvia. According with these legislative acts, health care is provided in the branches of the Latvian Prison Hospital, medical departments of prisons and the Latvian Prison Hospital. But, if it is not possible to provide the necessary health care in these institutions, prisoners are provided with health care outside the prison in medical institutions. Outpatient psychiatric treatment is carried out in the Medical departments of prisons, but, if necessary, the doctor of the prison Medical department sends the prisoner to the Psychiatric department of the Prison Hospital for inpatient treatment. Medical departments of prisons and the Prison Hospital can also provide psychiatric care to prisoners who have not fallen under criminal responsibility due to their mental state.
If a criminal offence has been committed, is it a judicial court or a health authority that decides on the punishment and whether the offender is punishable?If a criminal offence has been committed, a court decides on the punishment and whether the offender is punishable.
Is the execution of the psychiatric treatment under the authority of the prison service?The execution of the psychiatric treatment of detainees and convicts is under the authority of the prison service in cases where the court, taking into account the conclusion of the Forensic psychiatric examination, decides that the prisoner can serve his/her sentence in the prison.
If yes, how does the placement and psychiatric treatment work in your prison service?Psychiatric care of detainees and convicts in prisons is provided by the psychiatrist of the Medical department of the relevant prison, but if necessary, according to medical indications, the psychiatrist of the Medical department of the prison sends the prisoner for inpatient treatment in the Psychiatry department of the Prison Hospital.
If not, which body/organization is responsible for the execution?Psychiatrists of the Prison Hospital, having evaluated the mental state of the prisoner, have the right to appeal to the court with a conclusion so that the court appoints the prisoner a Forensic psychiatric examination. After the conclusion of the Forensic psychiatric examination, the court decides on the type of further punishment of the prisoner. If the court decides that the prisoner needs a compulsory treatment, the prisoner is transferred to a closed ward of the Riga Psychiatry and Narcology Centre with security under the authority of the Ministry of Health, and the patient’s treatment and security is provided by the staff of the above-mentioned hospital.
If not, which body/organization ensures the detention (security, guarding) in case of compulsory psychiatric treatment?If the court, according to the conclusion of the Forensic psychiatric examination, decides that the prisoner can serve his/her sentence in prisons, psychiatric care and treatment is provided by the Medical Department of the prison or the Psychiatry department of the Prison Hospital. Security and guarding are provided by the employees of the Security, Supervision and Guarding departments of the prison.
If not, which body/organization ensures the healthcare, psychiatric treatment, therapy in case of compulsory psychiatric treatment?See answer to Question 5.
Yes, coercive psychiatric treatment (regulated in Penal Code).
If a criminal offence has been committed, is it a judicial court or a health authority that decides on the punishment and whether the offender is punishable?Coercive psychiatric treatment is sentenced by court but according to expert opinions.
Is the execution of the psychiatric treatment under the authority of the prison service?No, coercive psychiatric treatment is under Ministry of Social Affairs. Prison service provides psychiatric treatment that is usually provided in civil medicine.
If yes, how does the placement and psychiatric treatment work in your prison service?-
If not, which body/organization is responsible for the execution?It is offered by civil hospital that has activity licence to provide coercive psychiatric treatment. Activiti licence is issued by the Health Board under Ministry of Social Affairs.
If not, which body/organization ensures the detention (security, guarding) in case of compulsory psychiatric treatment?Civil hospital with activity licence.
If not, which body/organization ensures the healthcare, psychiatric treatment, therapy in case of compulsory psychiatric treatment?Civil hospital with activity licence.
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Yes. Persons who have committed a crime punishable by a prison sentence of more than one year, but who cannot be punished because they committed the crime under the influence of a mental state excluding their criminal responsibility, based on a higher degree of mental or psychic abnormity can be placed under so called measures involving deprivation of liberty. The concrete forensic placement is predicated on the danger that such persons, due to their personality, their state of mind and the nature of their crime, would otherwise, under the influence of their mental or psychic abnormity, commit another punishable crime with serious consequences.
If a criminal offence has been committed, is it a judicial court or a health authority that decides on the punishment and whether the offender is punishable?Always a court decides about the criminal responsibility as well as about the measure and an eventual release.
Is the execution of the psychiatric treatment under the authority of the prison service?In Austria there are two possibilities for the accommodation of mentally ill offenders: They can be treated in specialized forensic prisons under the authority of the Federal Ministry of Justice or in forensic wards of psychiatric hospitals under the authority of the hospital. For more details, please see: Final Report European Commission: „Placement and Treatment of Mentally Ill Offenders – Legislation and Practice in EU Member States“ (2005) http://www.krim.dk/undersider/straffuldbyrdelse/forvaring/psykisk-afvigende-indsatte-placering-europa-eu2006.pdf
If yes, how does the placement and psychiatric treatment work in your prison service?Please see answer to question 3.
If not, which body/organization is responsible for the execution?Please see answer to question 3.
If not, which body/organization ensures the detention (security, guarding) in case of compulsory psychiatric treatment?Please see answer to question 3.
If not, which body/organization ensures the healthcare, psychiatric treatment, therapy in case of compulsory psychiatric treatment?Please see answer to question 3.
When the judicial authorities consider that the mental state of a person, who has benefited, on the basis of the first paragraph of Article 121-1 of the Criminal Code, from a dismissal of the case, a decision that the person is not criminally responsible, or a judgment or ruling declaring that the person is not criminally responsible, requires care and compromises the safety of persons or seriously undermines public order, they shall immediately notify the commission mentioned in Article L. 3222-5 of the Public Health Code (the departmental commission for psychiatric care) and the representative of the State in the department, who shall immediately order the production of a detailed medical certificate concerning the state of mental health. 3222-5 of the Public Health Code (the departmental commission for psychiatric care) and the State representative in the department, who shall immediately order the production of a detailed medical certificate on the patient's current condition. In the light of this certificate, he or she may pronounce an admission measure for psychiatric care under the conditions defined in Article L. 3213-1. However, if the person concerned is already the subject of a psychiatric care measure in application of the same Article L. 3213-1, the production of this certificate is not required to modify the basis of the current measure.
If a criminal offence has been committed, is it a judicial court or a health authority that decides on the punishment and whether the offender is punishable?The court will decide after requesting a psychiatric assessment.
Is the execution of the psychiatric treatment under the authority of the prison service?The law of January 1994 entrusted hospitals with the tasks of prevention and care of detainees. Since the law of January 1994, health care and the organisation of care in prisons have been the responsibility of the Ministry of Health. Psychiatric care is provided by the public hospital service within mental health facilities operating in prisons for outpatient care; - specialised hospital centres for hospitalisation without consent in the inter-regional prison services directorates, which do not have specially adapted hospital units (UHSA); - regional medico-psychological services for day hospitalisation with consent; - UHSAs located in hospitals that receive psychiatric hospitalisations (with or without consent) within their geographical jurisdiction.
If yes, how does the placement and psychiatric treatment work in your prison service?//
If not, which body/organization is responsible for the execution?It's the responsability of the Ministry of Health .
If not, which body/organization ensures the detention (security, guarding) in case of compulsory psychiatric treatment?Same answer.
If not, which body/organization ensures the healthcare, psychiatric treatment, therapy in case of compulsory psychiatric treatment?Same answer.
Attachments:
The legal regulation is contained in the Penal Code (Chapter Eleven "Compulsory Medical Measures") and the Code of Penal Procedure (Part Seven "Special Proceedings", Chapter Thirty-four "Application of Compulsory Medical Measures. Rehabilitation", Section I "Application of Compulsory Medical Measures"). Pursuant to Article 89 of the Penal Code, in respect of a person who has committed a socially dangerous act in a state of insanity or who has fallen into such a state before the pronouncement of sentence or during the serving of the sentence, the court may order: (a) surrender to the relatives, if they undertake his/her treatment under the supervision of a psycho-neurological dispensary; (b) compulsory treatment in an ordinary psycho-neurological institution; (c) compulsory treatment in a special psychiatric hospital or in a special ward in an ordinary psycho-neurological institution. Compulsory treatment in an ordinary psycho-neurological institution may be ordered by the court in respect of a mentally ill person who, in view of his mental state and the nature of the publicly dangerous act committed, requires hospital care and compulsory treatment. Compulsory treatment in a special psychiatric hospital or in a special ward may be ordered by the court in respect of a mentally ill person who, in view of his mental state and the nature of the socially dangerous act committed, appears to be particularly dangerous to society or to his relatives. In such cases, the person shall be kept under intensive supervision, precluding the possibility of his or her committing a new act dangerous to society. The termination and modification of a compulsory medical measure ordered shall be carried out by the court when this is necessitated by a change in the patient's condition or by the needs of his treatment. In all cases, after a period of six months has elapsed from the date of admission to the institution, the court shall rule on the termination, continuation or replacement of the compulsory treatment.
If a criminal offence has been committed, is it a judicial court or a health authority that decides on the punishment and whether the offender is punishable?If a crime is committed, the court or the health authority decides what the punishment should be and whether the perpetrator can be held criminally liable? A proposal for the application of compulsory medical measures under Article 89 et seq. of the Penal Code shall be made by the public prosecutor in a district prosecutor's office, and in cases of interruption of the execution of a custodial sentence or probation - by the district prosecutor. The proposal to apply compulsory medical measures shall be examined by the district court of the person's place of residence and, in cases of interruption of the execution of the penalty of deprivation of liberty or probation, by the district court of the place of execution of the penalty. The person against whom compulsory medical measures are sought, his parents, his guardian or custodian and the victim shall be summoned to the hearing through the public prosecutor. In all cases, the court shall hear the opinion of an expert psychiatrist.
Is the execution of the psychiatric treatment under the authority of the prison service?It is under the authority of the prison service only when compulsory treatment is ordered on the basis of Article 92, paragraphs 1 and 3 of the Penal Code for persons with dependence on alcohol, drugs and/or medication.
If yes, how does the placement and psychiatric treatment work in your prison service?Placement for compulsory treatment under the above point is carried out in the Psychiatric Ward of the Specialised Hospital for Treatment of Prisoners at the Prison of the City of Lovech. The period of treatment is also determined by order of the relevant court. Already upon admission and after an examination and interview with the inmates for treatment and depending on the shared and observed withdrawal symptomatology, detox therapy is started, with a focus on psychotherapeutic procedures in the framework of rational and cognitive psychotherapy at a later stage, as well as monthly courses with the participation of a psychologist, psychiatrist and social worker on the harm caused by the use of psychoactive substances.
If not, which body/organization is responsible for the execution?The relevant external facility where the person is placed is responsible for implementation.
If not, which body/organization ensures the detention (security, guarding) in case of compulsory psychiatric treatment?In the case of convicted persons undergoing compulsory treatment, supervision and security shall be provided by the supervisory and security staff of the relevant place of deprivation of liberty.
If not, which body/organization ensures the healthcare, psychiatric treatment, therapy in case of compulsory psychiatric treatment?In the case of persons placed under compulsory treatment in accordance with Article 89 of the Penal Code, in particular under point "A", the control of health care, psychiatric treatment and therapy is provided by the relatives, who are obliged to take the person to a psychiatrist for a monthly examination to monitor the condition, as well as the effect of the therapy applied, the need to change it, or its continuation according to the prescribed therapeutic scheme. In the cases referred to in point "B" or point "C" of the abovementioned Article of the Penal Code, the provision of health care, psychiatric treatment and therapy shall be carried out by medical professionals from the relevant health care establishment - psychiatric hospitals or clinics, outside the place of deprivation of liberty in which the person is placed.
Attachments:
1. Everyone has the right to psychiatric health treatment in prisons and outside. Some general introductory remarks: Health service for inmates and an assessment judging whether an offender has a capacity to be criminally liable/punishable are two different issues in Norwegian jurisdiction. The health service in prisons must be equivalent to the health service to which the rest of the population is entitled. The inmates must be provided with a health service adapted to the individual's needs after an individual assessment. This service is carried out by the ordinary health service in all prison facilities by the ordinary health service. There is a close collaboration between the prison and the health services on all organizational levels. A different situation occurs “If the court finds it necessary for deciding the case, it may order that the person charged can shall be subjected to a forensic psychiatric observation by appointed experts.” This is a decision by the court. Norway has a type of conviction called Preventive detention- indeterminate sentence – Criminal code § 44. For these inmates two prison facilities are designated one for men and one for women. Several of the inmates here needs mental treatment continuously. The health service is better staffed and organized with experts permanently, but the health service keep the professional distance and respect to the prison staff and administration due to regulations of sharing information. Close collaboration between the agencies/ services is however necessary individually and organizationally.
If a criminal offence has been committed, is it a judicial court or a health authority that decides on the punishment and whether the offender is punishable?2. The decision is made by the court.
Is the execution of the psychiatric treatment under the authority of the prison service?3. Psychiatric treatment is always under the authority of health.
If yes, how does the placement and psychiatric treatment work in your prison service?4. The most common situation is for inmate to being transfered to a propriate and nearby mental hospital. There might be guards joining in case of security needs. If the inmate in in custody, the police is in charge of the security outside prison facility. In other situations, the treatment may be done inside the prison, but always under the authority of the health service. Special educated staff from the health service, like psychologist or psychiatrists come to the prisons to do their profession.
If not, which body/organization is responsible for the execution?5. The prison service is responsible for the execution/ sentencing of the verdict, while the health service is responsible for health issues. It is obvious that a close collaboration is needed in all these cases due to security factors, personal rehabilitative factors and other individual and organizational circumstances.
If not, which body/organization ensures the detention (security, guarding) in case of compulsory psychiatric treatment?6. 7. Compulsory psychiatric treatment is a decision taken by the court, and the charged person is transferred to the mental health agency. Security matters under this type of execution/ sentencing are organized by health service alone. The police is responsible to support the mental
If not, which body/organization ensures the healthcare, psychiatric treatment, therapy in case of compulsory psychiatric treatment?see above no 6.