title: [Security measures in the penal code, in the opinions of expert psychiatrists and some problems in their applications].
abstract: The aim of this paper is to remind expert psychiatrists, the three basic elements required for the application of security measures such as placing the convict in a psychiatric hospital. They are: 1) An act was of serious social damage, 2) the damage was committed in a state of non-liability, 3) there is a high risk of the person repeating the act of similar social damage. The fulfilment of these three is an obligation for the court to apply the security measure of placing the person in a psychiatric hospital (art. 94 section 1 of the penal code). Practice shows that experts have difficulties in these evaluations, which in turn results in faults in directing for placement withoutjust cause, or in turn-there is no directing, even though there are causes for it. There is a huge need for legal regulations on these manners, after the forensic psychiatric observation ends. The non-liable delinquent who committed an act of serious social damage is in risk of committing this act once more, whilst he is not in custody. The issue is in showing a legal basis for keeping the non-liable delinquent from such an act in a psychiatric hospital, in spite of ending the observation, until the legal sentence on the security measure is in place.
authors.affiliation: Klinika Psychiatrii Sadowej IPiN w Warszawie.
authors.forename: Danuta
authors.initials: D
authors.lastname: Hajdukiewicz
mesh_terms: D002983:Clinical Competence / Q000331:legislation & jurisprudence; D003134:Commitment of Persons with Psychiatric Disorders / Q000331:legislation & jurisprudence*; D003417:Criminal Psychology / Q000331:legislation & jurisprudence; D003951:Diagnostic Errors / Q000331:legislation & jurisprudence; D005104:Expert Testimony / Q000331:legislation & jurisprudence*; D005555:Forensic Psychiatry / Q000331:legislation & jurisprudence* / Q000592:standards; D006801:Humans; D011044:Poland; D010818:Practice Patterns, Physicians' / Q000331:legislation & jurisprudence