Abstract

A major amendment of the German Criminal Code concerning treatment in forensic psychiatric hospitals (Secs. 63, 67 StGB) became effective in August 2016 and has led to an increasing number of discharges of sex offenders. In addition to inpatient treatment practice, this also poses great challenges for forensic aftercare. After a brief overview of the amendment, this article examines how it affects the release practice and legal probation. Based on the analysis of the post-inpatient development of ten sex offenders from North Rhine-Westphalia who were released for disproportionate reasons, the far-reaching consequences of the amendment forensic aftercare have to deal with are illustrated. Finally, attention is drawn to the great need for action and alternative solutions to reduce the length of stay and strengthens the patients fundamental right to freedom are proposed.

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