Forensic hospital in the perspective of the history of criminal law and forensic psychiatry.
2010
Throughout the dissertation, regarding an all encompassing
depiction of the therapeutic measure
– the forensic hospital–we endeavour to find
its position within the domestic criminal law system.
It is in conformity with the thesis that the
answer of criminal justice regarding offences of
generally dangerous perpetrators, regardless of
their mental health when committing a criminal
offence (which may range from full accountability,
which renders them criminally responsible, to
full inaccountability, when they cannot be held
criminally responsible), needs to be sought. The
entire article is elaborated on these grounds.
The forensic hospital, which is a ‘guest’ in criminal
law, whereas ‘at tome’ in the field of medicine, forensic psychiatry, is presented as an institute
representing an absolute novelty for domestic legislation.
Owing to a complete lack of knowledge
on it in the Slovenian environment, it was not
possible to limit oneself only to the most narrowly
defined nucleus of the notion of forensic
hospital. Thus, we sought to present it from as
many different angles as possible, while simultaneously
highlighting open issues and dilemmas,
searching for appropriate answers and solutions
necessary, with a view to this institute acquiring
its place in criminal legal theory, while also being
asserted in judicial practice.
In the first part, we focused upon a short historical
review of (in)accountability and of elements
of the institute of forensic hospital, meaning
that we subtly exposed the subject matter
of the article, in particular the forensic patient
– the person, who after committing the socially dangerous offence is inititally treated judicially,
and the forensic hospital as the place where the
perpetrator is situated to be further treated medically
. With respect to the primary nature of
the criminal procedure, we drew attention to the
protection of fundamental principles of rule of
law and fundamental principles of criminal procedure,
which the judiciary needs to take into account
consistently throughout until the substantial
decision. Taking into account domestic and
international legislation, we attempted to present
the legal grounds for positioning the forensic hospital.
In order to acquaint the reader with the
new institute which would contribute – along
with the application of the Criminal code (KZ-
1)–towards a more state of the art, developed and
purposeful criminal law poenalization. Thus, we
applied to a greater extent the historical, i.e. ‘desk
research’, ‘case study’, and the practical method.
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