NCJ Number
88540
Journal
Contemporary Crises Volume: 7 Issue: 2 Dated: (April 1983) Pages: 171-182
Date Published
1983
Length
12 pages
Annotation
This article reviews the history of the enforced psychiatric treatment of offenders in the Netherlands as well as recent legislation designed to temper such treatment.
Abstract
Article 37 of the Dutch criminal code exempts punishment for which a person cannot be deemed responsible due to 'the deficient development or the derangement of his mental powers.' Enforced psychiatric treatment (legal term abbreviated t.b.r. for the Dutch expression) may be imposed in such circumstances if public safety requires it. If criminal responsibility is determined to exist in conjunction with mental deficiencies, a prison sentence may be combined with t.b.r. A t.b.r. order can be imposed for a maximum of 2 years but may be indefinitely extended by the court in 1 or 2-year intervals. A new bill would limit the extension of t.b.r. to 6 years except in the case of a violent offense endangering one or more persons or if the safety of the community requires further extensions. There may also be commitment by virtue of the verdict to a mental institution for not more than 1 year. Also, in cases of mental illness manifested in custody and not associated with the offense, prisoners can be involuntarily transferred to a mental institution. Civil law enforced commitments are also possible. Various groups in the Netherlands, including patient unions, have sought to focus attention on patients' rights and their violation under conditions of enforced treatment. Data on enforced commitments in the Netherlands are provided. Thirteen notes are listed.