정신장애범죄인의 사법적 처우에 관한 비교법적 연구

Abstract

This paper goes on This paper goes on comparative study on the judicial treatment for mentally ill criminals. This study seeks judicial countermeasures for the prevention of mental disorder crimes, treatment of mentally ill criminals, and prevention of recidivism. First, as a result of examining the concept of mental disorder, it can be seen that the scope differs according to the definition of the concept of mental disorder in each individual law. Even if the scope is different, if such a mental disorder or mentally ill person belongs to the category of mentally ill subject to judicial treatment such as treatment orders, the category of mentally disabled can be considered relative. The problems with the current treatment order system are the limited scope of treatment order subjects, the voluntary pre-judgment investigation system, the inadequacy of the compulsory prescription for taking medication tests, the issue of dual treatment orders and execution, and the absence of treatment plans after the execution of the sentence is over. As an improvement plan considering the human rights of criminals with mental disorders, the scope of treatment orders is expanded, the pre-judgment investigation system is mandatory, the regulation on the obligation to take medication tests, improvement of cost burden regulations, and the current judicial treatment of mentally ill criminals are mainly focused on the general court. In consideration of the establishment of a mental health court or a dedicated tribunal for mentally ill criminals, and the fact that there is no treatment plan for mentally handicapped criminals whose sentences have been completed under the current law, 'Therapy after termination of execution of sentences' etc. were presented. It goes without saying that the most important thing is to prevent crime through ‘preemptive treatment’ of the mentally disabled. However, due to the limitations of the scope of this study, it does not suggest ways to improve the response system through harmonization and cooperation between the medical and judicial fields. Therefore, in this study, only improvement measures were presented as above to more effectively achieve the criminal policy or crime safety objective of preventing recidivism of mentally ill criminals.