Forensic hospital in the perspective of the history of criminal law and forensic psychiatry

Abstract

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.