NCJ Number
45364
Date Published
1976
Length
22 pages
Annotation
THIS ARTICLE CONSIDERS THE PROBLEMS INHERENT IN THE SWISS PENAL JUSTICE SYSTEM IN REGARD TO PSYCHIATRIC EVALUATION AND TREATMENT OF MENTALLY ILL OFFENDERS.
Abstract
THE LEGAL AND CRIMINAL JUSTICE SYSTEM IS RELYING MORE AND MORE ON PSYCHIATRISTS TO ASSIST IT IN DETERMINING THE CRIMINAL RESPONSIBILITY AND DANGEROUSNESS OF OFFENDERS USING BIOLOGICAL AND PSYCHOLOGICAL CRITERIA. SUCH INTERVENTION HAS CREATED A NUMBER OF SERIOUS PROBLEMS ARISING FROM DIVERGING APPROACHES OF PSYCHIATRIST AND LAW ENFORCEMENT PERSONNEL TO CRIMINALITY. THE 1971 REFORM OF THE SWISS PENAL CODE HAS FURTHER COMPLICATED THESE PROBLEMS AND HAS BEEN THE OBJECT OF SERIOUS DISPUTE. THE COURTS SEEM TO HAVE IGNORED DELIBERATELY THE ONLY POSITIVE INNOVATION, WHICH CONCERNED CRIMINAL RESPONSIBILITY, INTRODUCED IN 1971. ARTICLES 10 AND 11 OF THE SWISS PENAL CODE, WHICH RELATE TO THE NONRESPONSIBILITY AND LIMITED RESPONSIBILITY OF A DELINQUENT IN VIEW OF HIS MENTAL CONDITION, HAVE NOT BEEN REVISED SIGNIFICANTLY BY THE REFORM. THESE ARTICLES CONTINUE TO BE THE SOURCE OF INNUMERABLE QUESTIONS RELATED TO THE MEANING AND DETERMINATION OF BEHAVIOR AS NORMAL OR ABNORMAL, RESPONSIBILITY, AND NONRESPONSIBILITY. THE NEW ARTICLE 13 PRESCRIBES THAT PSYCHIATRIC EXPERTISE BE REQUIRED IN TWO CASES: (1) WHEN THE POWERS OF RESPONSIBILITY OF THE ACCUSED ARE DOUBTED; AND (2) WHEN THE MENTAL OR PHYSICAL STATE OF THE ACCUSED WARRANTS EVALUATION PRIOR TO SENTENCING. THE ROLES OF LEGAL AND MEDICAL EXPERTS IN THE PENAL JUSTICE SYSTEM, AS REDEFINED BY ARTICLE 13, ARE DISCUSSED. THE 1971 REFORM MAKES NO PROVISIONS REGARDING SPECIAL INSTITUTIONS FOR THE TREATMENT OF THE MENTALLY DEFICIENT, NOR AS TO DESIRABLE FORMS OF TREATMENT. PRISON, THEN, REMAINS THE PREFERRED SOLUTION TO THE PROBLEM. MANY ISSUES MUST BE WORKED OUT FOR A SMOOTHLY FUNCTIONING JUDICIAL SYSTEM. REFERENCES AND A BIBLIOGRAPHY ARE INCLUDED. -- IN FRENCH (INL)