Abstract
Abstract It is a common belief that mental disorders are widely associated with dangerous, threat-posing behavior and law-breaking. The paper analyzes the problem of law-breaking by the mentally disordered. We performed an analysis of cases concerning compulsory psychiatric treatment or confinement in a medical institution on the grounds of mental incompetence to commit an offence or mental unfitness to stand the trial obtained from the court and the public prosecutor’s office in Silesia from 2007 to 2009. 14 cases were analyzed. All the offenders were male, mean age was 44,6. All the offenders were diagnosed by psychiatrists, most of them with schizophrenia (n=10 cases). Other diagnoses included paranoic syndrome (n=1), bipolar affective disorder with manic episode (n=1), schizoaffective disorder (n=1), delusion syndrome (n=1). 9 out of 14 offenders were diagnosed prior to the offence, some of whom were also hospitalized (n=5). 8 of analyzed cases concerned use of violence, 3 concerned larceny, 2 concerned posing a threat to others’ life or health and 1 concerned fraud. 2 of the offenders were previously sentenced for other offences. 12 of the offenders were compulsory treated by psychiatrists, 10 out of whom are still hospitalized at the time of writing this report. The small number of the cases analyzed (14 cases in the whole of a few thousands) suggests that mentally disordered persons do not break law often. There seems to be a higher risk associated with male gender, though. Also, the frequency of violent acts and offences committed despite previous treatment is disturbing.
Highlights
It is a com m on belief that m ental d isord ers are w id ely associated w ith d angerous, threat -posing behavior and law -breaking
We perform ed an analysis of cases concerning com pulsory psychiatric treatm ent or confinem ent in a m ed ical institution on the ground s of m ental incom petence to com m it an offence or m ental unfitness to stand the trial obtained from the court and the public prosecutor's office in Silesia from 2007 to 2009. 14 cases w ere analyzed
Other d iagnoses includ ed paranoic synd rom e (n=1), bipolar affective d isord er w ith m anic episod e (n=1), schizoaffective d isord er (n=1), d elusion syndrom e (n=1). 9 out of 14 offend ers w ere d iagnosed prior to the offence, som e of w hom w ere hospitalized (n=5). 8 of analyzed cases concerned use of violence, 3 concerned larceny, 2 concerned posing a threat to others’ life or health and 1 concerned fraud . 2 of the offend ers w ere previously sentenced for other offences. 12 of the offenders w ere com pulsory treated by psychiatrists, 10 out of w hom are still hospitalized at the tim e of w riting this report
Summary
Althou gh breaking the law , d oes not com m it a crim e (Polski Kod eks Karny, 2009). A nu m ber of Polish cou rt cases resu lting i n com p u lsory p sychiatric treatm ent or confinem ent in a m ed ical institu tion on the grou nd s of m ental incom p etence to com m it a crim e reflects the frequ ency of law breaking am ong the mentally ill The aim of this p ap er is to p resent and characterize the case s of law breaking by the m entally d isord ered in the city of Katow ice. The legal qu alification of com m itted offences and the resu lts of legal p roceed ings w ith sp ecial em p hasis on the asp ect of violent behavior is d escribed
Sign-in/Register to view highlights & summary 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 callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
