Verdict Lifelong placement in psychiatry possible

Munich Higher Regional Court: Law does not provide for a maximum period
If mentally ill persons are admitted to a psychiatric clinic for a crime, this is theoretically possible for life. Because according to the legal provisions, there is no maximum period for accommodation in a psychiatric hospital, the Higher Regional Court (OLG) Munich ruled in a recently published order of 15 March 2017 (Ref. 1 Ws 192, 193/17).

The specific case concerned a mentally ill person who had been held in a psychiatric hospital since April 27, 2007, following an attempted heavy predatory extortion. As of 2013, the man was in the "rehearsal" outside the clinic. The district court of Munich I suspended the hospital placement on probation. But during the "rehearsal" the man committed several burglaries.

Lifelong accommodation possible. (Image: Photographee.eu/fotolia.com)

As a result, a three-month placement in psychiatry was ordered. In addition, the suspension of the previous sentence on probation was revoked, so that the man had to stay longer in the clinic.

On the other hand, the patient lodged a complaint, claiming that only the last temporary placement order was allowed.

This contradicted the OLG. According to the law, a new arrangement of accommodation in a detention center would mean that a corresponding earlier order would be completed. This does not apply to the placement in a psychiatric hospital. There is no legal maximum for psychiatric care, the court said. The complainant could not be released after three months. fle / mwo