Mentally Ill Offender in Hungarian Criminal Doctrine (From Papers on Crime Policy, 2, P 77-93, 1986, Panu Minkkinen, ed. See NCJ-104066)

• NCJ Number: 104070
• Author(s): L Feher
• Date Published: 1986
• Length: 17 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Legislative/Regulatory Material
• Language: English
• Country: Finland
• Note: For microfiche, see NCJ-104066.

Annotation

In Hungarian law, the requirement of mental stability as a necessary concomitant of criminal responsibility formed early.

Abstract

According to the current criminal code, offenders who commit an act in a state of mental deficiency (insanity, mental debility, schizophrenia, mental decline) that renders them incapable of realizing the consequence of the act or proceeding in accordance with such realization cannot be punished. In cases of partial mental deficiency, mitigated punishment is permitted. For persons who commit crimes in a nonimputable state of mental illness, the court can require mandatory treatment in cases involving violent crimes or public dangerousness, or where there is risk of the individual committing a similar future act. The decision to order involuntary treatment is based on trial testimony from two medical experts. The period of treatment in such cases is indeterminate, and treatment is continued until the danger of the perpetration of new criminal acts ceases. Such involuntary treatment takes place within the framework of medical crisis intervention in the interests of the mentally ill individual, and the declaration of illness, the treatment, and the rehabilitation are described precisely in law. In cases involving limited imputability, treatment of the offender is carried out in the health ward of the penal institution. 13 notes.