Abstract
Dealing with Dangerous Offenders in Europe. A Comparative Study of Provisions in England and Wales, Germany, the Netherlands, Poland and Sweden
Highlights
Offenders who pose a potential danger to society and individuals are in focus of the media and of criminal policy
The concept of diminished criminal responsibility[44] is only a partial defense that can reduce the offence from murder to manslaughter
5.1.6 Summary In the Netherlands, Germany and Poland, dangerous offenders having committed an offence fully influenced by a major mental illness are not seen as criminally responsible and cannot be convicted
Summary
Offenders who pose a potential danger to society and individuals are in focus of the media and of criminal policy. Criminal justice systems are obliged to protect society from these persons. They are required to comply with human rights. For this group of perpetrators, the interplay between security and the offenders rights is especially striking. Article 3 of the European Convention of Human Rights states that no one shall be subjected to torture or to inhuman or degrading treatment or punishment. This is relevant for dealing with dangerous offenders, because in these cases very restrictive measures might be applied in all stages of the criminal proceedings. The European Court of Human Rights (‘‘ECHR’’) has approved ‘‘high–security prisons for particular categories of detainees’’.1 The ECHR has, demanded at the same time to ensure ‘‘that a person is detained in conditions which are JO RG-MARTIN JEHLE ET AL
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
