title: [Treatment instead of punishment. The process of diversion from custody].
abstract: In the paper, the functioning of treatment alternative to punishment principle (diversion from custody) is surveyed from legal, medical and financial points of views. In this regard, the philosophical aspects of the issue are also taken into account. The emergence of diversion from custody appeared in the Hungarian criminal code in relation to the joining process with European Union of Hungary. The history of the changes of legal regulations of diversion from custody and the current regulation of that are also made known. And afterwards the medical difficulties, particularly the motivation of clients, are discussed. The most serious criticism addressed from legal point of view can be given as to frequent changes of the rules, and the disharmonic and pro forma nature of law. Several critical points are seen from medical point of view, either. Among others and in particular, the lack of the differentiation of clients of various additional history according to their therapeutic needs, the unambiguous essence of therapy based on protocols fitting to health needs and follow-up studies. A critical factor is the motivation of clients, too. At the same time, further concern emerges in the regard of the lack of investigation of cost/benefit of diversion from custody and the missing definition of success. The author also rises the responsibility of patients and examines the dispute upon legalization of marihuana with particular interest in pros and cons. The reason for the existence of diversion from custody in the prison is, however, queried in this paper. Although the diversion from custody has been criticized by several and proposals have also been worked out, indeed, a system presenting the problem in a comprehensive manner has not been elaborated yet. Finally, the author outlines a uniform system of an addictional approach for the treatment alternative to punishment and hurries a decision along the stipulation of minima terms in the regard of personnel and material requirements. As important considerations are the guarantees for clients as well as the involvements of consequences of non-abstinent behaviour of them mentioned.
authors.affiliation: Elmeleti Biologiai Kutatocsoport, Budapest, Hungary. mpkalapos@freemail.hu
authors.forename: Miklós Péter
authors.initials: MP
authors.lastname: Kalapos
mesh_terms: D003142:Communication; D003415:Crime / Q000331:legislation & jurisprudence* / Q000706:statistics & numerical data; D003416:Criminal Law / Q000266:history / Q000639:trends*; D005062:European Union; D049673:History, 20th Century; D049674:History, 21st Century; D006801:Humans; D006814:Hungary; D002189:Marijuana Abuse / Q000628:therapy; D016743:Mental Competency; D010817:Physician-Patient Relations; D011678:Punishment; D012941:Social Responsibility; D019966:Substance-Related Disorders / Q000150:complications / Q000628:therapy*