HAS THE 2015 AMENDMENT TO THE CRIMINAL CODE CHANGED THE PRACTICE OF APPLYING PROTECTIVE MEASURES? RESEARCH REPORT

Abstract

The article is the result of the research on the practice of applying a protective measure in the form of placement in a forensic psychiatric facility an insane perpetrator, before and after July 1st, 2015. The purpose of the research was to determine whether and how outpatient protective measures influenced the practice of applying psychiatric detention in case of insane persons, in particular, whether outpatient treatment is used instead of placement in a psychiatric facility in the case of committing offences with a lower degree of social harmfulness. The purpose of the research on the procedural law was to determine whether the judicature of the Supreme Court emphasizing the procedural standard in cases concerning the discontinuation of proceedings against an insane perpetrator affected the observance of procedural guarantees of insane perpetrators in criminal proceedings. The conclusions of the research are based on the statistical data of the Ministry of Justice, the General Prosecutor’s Office and the file research. The conclusions of the research are as follows: there was no significant change concerning the practice of imposing placement in a psychiatric facility on insane perpetrators after July 1st, 2015. The types of prohibited acts the commission of which justify placing the perpetrator in a psychiatric facility have not changed significantly. On the other hand, the procedural guarantees of the insane perpetrator are respected to a slightly higher degree at present. Therefore, it should be considered whether the conditions for the application of placement in a psychiatric facility should not be restricted only to a situation where the perpetrator poses a threat to selected, most important legal goods.