Critique de la prise en charge médico-sociale actuelle des malades mentaux dangereux et des agresseurs sexuels en France

Abstract

The author first underlines that the international literature proves the following: 1) individuals who are ill or mentally handicapped present a higher risk of committing criminal acts than the general population; 2) mental disturbances are frequent in criminals. He emphasizes that the decrease in the number of beds in public psychiatric wards (units of ordinary hospitalization or for difficult patients) together with the increased penal responsibility of delinquents suffering from mental disturbances have led to a large increase in the number of the seriously mentally ill in prisons. It is therefore essential to reorganize the management of the dangerously mentally ill, both in psychiatric hospitals and in prisons. With regard to sexual offenders, the author expresses his regret that the French Law of 17 June 1998 provides for the mandatory treatment of offenders only once they have served their sentence and have left prison. He believes that the medical management of dangerous delinquents should begin as soon as they are arrested, if they have acknowledged their act and agree to receive medical care. Finally, the author concludes that the assessment of the foreseeable risk of dangerousness, violence and the relapse into crime should be subject to national standardized protocols and in-depth scientific research.