Forenzična bolnišnica skozi zgodovino kazenskega prava in forenzične psihiatrije
Forensic hospital in the perspective of the history of criminal law and forensic psychiatry

slovenian

2010

volume 79, issue 10

Commitment Of Mentally Ill   Criminal Law   Forensic Psychiatry   History   Hospitals, Psychiatric   psychiatry and clinical psychology   Trends

Slovensko zdravniško društvo
(Obvezni izvod spletne publikacije)

Throughout the dissertation, regarding an all encompassing depiction of the therapeutic measure - the forensic hospital-we endeavour to find its position within the domestic criminal law system. It is in conformity with the thesis that the answer of criminal justice regarding offences of generally dangerous perpetrators, regardless of their mental health when committing a criminal offence (which may range from full accountability, which renders them criminally responsible, to full inaccountability, when they cannot be held criminally responsible), needs to be sought. The entire article is elaborated on these grounds. The forensic hospital, which is a ćguestć in criminal law, whereas ćat tomeć in the field of medicine, forensic psychiatry, is presented as an institute representing an absolute novelty for domestic legislation. Owing to a complete lack of knowledge on it in the Slovenian environment, it was not possible to limit oneself only to the most narrowly defined nucleus ofthe notion of forensic hospital. Thus, we sought to present it from as many different angles as possible, while simultaneously highlighting open issues and dilemmas, searching for appropriate answers and solutions necessary, with a view to this institute acquiring its place in criminal legal theory, while also being asserted in judicial practice. In the first part, we focused upon ashort historical review of (in)accountability and of elements of the institute of forensic hospital, meaning that we subtly exposed the subject matter of the article, in particular the forensic patient - the person, who after committing the socially dangerous offence is inititally treated judicially, and the forensic hospital as the place where the perpetrator is situated to be further treated medically. (Abstract truncated at 2000 characters)

23.06.2011