[Ultima ratio of the applied security measures in placing perpetrators in a psychiatric hospital].
The meaning of articles on the main security measures concerned with placing the convict in a closed psychiatric unit is studied. Articles 93 & 94 section 1 of the penal code limit their application only as final measures--the ultima ratio. Art. 93 of the penal code pertains to the perpetrator of illegal actions in connection to their psychiatric illness, mental retardation, alcohol or other related substance addiction, along with a risk of the crime being committed once again, only when it will prevent the person from repeating the crime. The issues that need be considered are the following: psychic state of the perpetrator along with prediction of the risk of him repeating the act, but the liability evaluation and the degree of probability do not play any vital role. This is probably due to the fact that the measure described in art. 96 of the penal code has a limited time span (it cannot be any shorter than 3 months and longer than 2 years) and what is more; it can be applied instead of the punishment. Art. 94 section 1 of the penal code requires very precise evaluation of the risk of repetition in each case of a non-liable perpetrator guilty of conducting crime of serious social damage. This measure is not limited in time span, because it depends on the psychic state of the person under its influence. Henceforth it is considered as more restrictive.
Hajdukiewicz
Danuta
D
Klinika Psychiatrii Sqdowej IPiN, Warszawie.
D003134:Commitment of Persons with Psychiatric Disorders / Q000331:legislation & jurisprudence*; D003415:Crime / Q000331:legislation & jurisprudence* / Q000517:prevention & control; D006778:Hospitals, Psychiatric / Q000331:legislation & jurisprudence*; D006801:Humans; D016365:Liability, Legal; D001523:Mental Disorders / Q000175:diagnosis; D028642:Persons with Psychiatric Disorders / Q000331:legislation & jurisprudence*; D011044:Poland; D011329:Prisoners / Q000331:legislation & jurisprudence; D018570:Risk Assessment; D012637:Security Measures / Q000331:legislation & jurisprudence*