Study on Arti cle 59 of the Swiss Criminal Codescientificposter.iml.unibe.ch/equg/equg.pdf · Study...
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Study on Ar cle 59 of the Swiss Criminal Code Arcle 59 of the Swiss Criminal Code rules staonary therapeuc measures as to the treatment of offenders suffering from a serious mental disorder. The Naonal Commission for the Prevenon of Torture (NCPT) has mandated the research unit of Professor Jonas Weber (Instute of Criminal Law and Cri- minology, University of Bern) to review staonary therapeuc measures in se- cured instuons. The objecve of the study is to provide recommendaons in order to improve pracces as to ordering, implemenng and execung the measure. The study requested by the NCPT has been conducted from November 2013 unl April 2015. It deals with staonary therapeuc measures under Arcle 59 paragraph 3 Swiss Criminal Code and is structured into for different parts. 1. Analysis of specialised literature: Analysis of specific literature: swiss laws, by-laws, scienfic arcles and other relevant material. 2. Stascal figures: Collecon of stasc key figures with an adapted instrument done by the research team: socio-demographic, criminological, forensic-psychiatric data and also data about the execuon of the measures. Data has been collected in a random sample based on 75 cases. 3. Qualitave analysis: Analysis of court decisions, forensic-psychiatric exper se and fi les from the secured therapeu c ins tu ons for the same 75 cases. 4. Expert interviews: Guideline-based interviews with 10 experts funconing as prison management or management of the implementaon of measures. Results University of Bern Instute of Criminal Law and Criminology Departement Prof. Jonas Weber Schanzeneckstrasse 1 / Posach CH-3001 Bern www.krim.unibe.ch Contact Corinna Bumann +41 (0)31 631 47 99 [email protected] Mandate and Context Methods Project team: Jonas Weber / Jann Schaub / Corinna Bumann / Kevin Sacher Instute for Criminal Law and Criminology, Faculty of Law, University of Bern Order and execuon of staonary therapeuc measures with focus on secured instuons Study for the aenon of the Naonal Commission for the Prevenon of Torture (NCPT) Recommandaons and Publicaon by the NCPT The final report is structured into four parts (Literature and materials analysis; Stascal figures; Qualitave analysis; Results of expert interviews). On the basis of the final report the NCPT will draw up recommendaons to the cantons. The study will be published by the NCPT in autumn 2016. - In the view of the research team the new legal basis of arcle 59 has led to problems concerning the proporonality principle and partly to unclear authority. - Due to the lack of treatment places inmates can oſten not be placed in an adequate (therapeuc) seng. - Due to the lack of possibilies for subsequent soluons (e.g. work outside the instuon) the transion between secured and open instuons is minor, which aff ects parole resp. reintegraon. Sociodemographic figures (n=75) Type of instuon the inmate is currently placed in (n=75) Secure instuon for the execuon of measures 7% (n=5) Open instuon for the execuon of measures 14% (n=11) Psychiatric instuon 19% (n=14) Secure penal instuon 60% (n=45) Main conclusions * Swiss Federal Stascal Office - convicons stascs: Überblick Kennzahlen 2014 (25.11.2014) ** Swiss Federal Stascal Office - convicons stascs: Vollzug von Sankonen 2013 (1.9.2014) Main diagnosis according to forensic psychiatric assessment (absolute values; mulple answers; 73 cases) F60-F69 Personality and behaviour F10-F19 Psychoacve substance use F20-F29 Schizophrenia F30-F39 Affecve disorders F70-F79 Mental retardaon F40-F48 Neuroc, stress-related, somatoform 50 45 40 35 15 30 10 25 5 20 0 Gender Age Naonality Sample men 96% (n=72) women 4% (n=3) 18-24 years old 4% 25-34 years old 37% 35-44 years old 28% 45-59 years old 23% over 60 years 8% Swiss naonals 72% Foreign naonals 28% (n=21, 20 Naons) Comparave size: Prisons, detenon women 4.7% * up to 24 years old 26% ** 25-34 years old 38% 35-44 years old 21% over 44 years 15% Foreign naonals 73% * Legal responsibility (commied in forensic-psychiatric assesment, in %, n=75) Average duraon of imprisonement (in days, n=75) 2000 0 200 400 600 Pre-trial detenon and detenon for security reasons: 395.7 d Execuon of measures: 1399.7 d 800 1000 1200 1400 1600 1800 Prematurely execuon of measures: 77.3 d Absence of legal responsibility: 18.8 % Diminished responsibility: 59.4% Full legal responsibility: 21.6 %
Transcript of Study on Arti cle 59 of the Swiss Criminal Codescientificposter.iml.unibe.ch/equg/equg.pdf · Study...
Study on Arti cle 59 of the Swiss Criminal Code
Arti cle 59 of the Swiss Criminal Code rules stati onary therapeuti c measures as to the treatment of off enders suff ering from a serious mental disorder.
The Nati onal Commission for the Preventi on of Torture (NCPT) has mandated the research unit of Professor Jonas Weber (Insti tute of Criminal Law and Cri-minology, University of Bern) to review stati onary therapeuti c measures in se-cured insti tuti ons. The objecti ve of the study is to provide recommendati ons in order to improve practi ces as to ordering, implementi ng and executi ng the measure.
The study requested by the NCPT has been conducted from November 2013 unti l April 2015. It deals with stati onary therapeuti c measures under Arti cle 59 paragraph 3 Swiss Criminal Code and is structured into for diff erent parts.
1. Analysis of specialised literature: Analysis of specifi c literature: swiss laws,by-laws, scienti fi c arti cles and other relevant material.
2. Stati sti cal fi gures: Collecti on of stati sti c key fi gures with an adaptedinstrument done by the research team: socio-demographic, criminological,forensic-psychiatric data and also data about the executi on of the measures.Data has been collected in a random sample based on 75 cases.
3. Qualitati ve analysis: Analysis of court decisions, forensic-psychiatricexperti se and fi les from the secured therapeuti c insti tuti ons for the same 75 cases.
4. Expert interviews: Guideline-based interviews with 10 experts functi oningas prison management or management of the implementati on of measures.
Results
University of BernInsti tute of Criminal Law and CriminologyDepartement Prof. Jonas WeberSchanzeneckstrasse 1 / Postf achCH-3001 Bernwww.krim.unibe.ch
ContactCorinna Bumann+41 (0)31 631 47 [email protected]
Mandate and Context Methods
Project team: Jonas Weber / Jann Schaub / Corinna Bumann / Kevin Sacher
Insti tute for Criminal Law and Criminology, Faculty of Law, University of Bern
Order and executi on of stati onary therapeuti c measures with focus on secured insti tuti onsStudy for the att enti on of the Nati onal Commission for the Preventi on of Torture (NCPT)
Recommandati ons and Publicati on by the NCPT
The fi nal report is structured into four parts (Literature and materials analysis; Stati sti cal fi gures; Qualitati ve analysis; Results of expert interviews). On the basis of the fi nal report the NCPT will draw up recommendati ons to the cantons. The study will be published by the NCPT in autumn 2016.
- In the view of the research team the new legal basis of arti cle 59 has led to problems concerning the proporti onality principle and partly to unclear authority.
- Due to the lack of treatment places inmates can oft en not be placed in an adequate (therapeuti c) setti ng.
- Due to the lack of possibiliti es for subsequent soluti ons (e.g. work outside the insti tuti on) the transiti on between secured and openinsti tuti ons is minor, which aff ects parole resp. reintegrati on.
Sociodemographic fi gures (n=75) Type of insti tuti on the inmate is currently placed in (n=75)
Secure insti tuti on for the executi on of measures 7% (n=5)
Open insti tuti on for the executi on of measures 14% (n=11)
Psychiatric insti tuti on 19% (n=14)
Secure penal insti tuti on 60% (n=45)
Main conclusions
* Swiss Federal Stati sti cal Offi ce - convicti ons stati sti cs: Überblick Kennzahlen 2014 (25.11.2014)** Swiss Federal Stati sti cal Offi ce - convicti ons stati sti cs: Vollzug von Sankti onen 2013 (1.9.2014)
Main diagnosis according to forensic psychiatric assessment (absolute values; multi ple answers; 73 cases)
F60-F69 Personality and behaviour
F10-F19 Psychoacti ve substance use
F20-F29 Schizophrenia
F30-F39 Aff ecti ve disorders
F70-F79 Mental retardati on
F40-F48 Neuroti c, stress-related, somatoform
50454035
15
30
10
25
5
20
0
Gender
Age
Nati onality
Samplemen 96% (n=72)women 4% (n=3)18-24 years old 4%25-34 years old 37%35-44 years old 28%45-59 years old 23%over 60 years 8%Swiss nati onals 72% Foreign nati onals 28% (n=21, 20 Nati ons)
Comparati ve size: Prisons, detenti on
women 4.7% *up to 24 years old 26% **25-34 years old 38%35-44 years old 21%over 44 years 15%
Foreign nati onals 73% *
Legal responsibility (committ ed in forensic-psychiatric assesment, in %, n=75)
Average durati on of imprisonement (in days, n=75)
20000 200 400 600
Pre-trial detenti on and detenti on for security reasons: 395.7 d
Executi on of measures: 1399.7 d
800 1000 1200 1400 1600 1800
Prematurely executi on of measures: 77.3 d
Absence of legal responsibility: 18.8 %Diminished responsibility: 59.4%Full legal responsibility: 21.6 %
