HAS THE 2015 AMENDMENT TO THE CRIMINAL CODE CHANGED THE PRACTICE OF APPLYING PROTECTIVE MEASURES? RESEARCH REPORT

The article is the result of the research on the practice of applying a protectivemeasure in the form of placement in a forensic psychiatric facilityan insane perpetrator, before and after July 1st, 2015. The purpose of theresearch was to determine whether and how outpatient protective measuresinfluenced the practice of applying psychiatric detention in case ofinsane persons, in particular, whether outpatient treatment is used insteadof placement in a psychiatric facility in the case of committing offenceswith a lower degree of social harmfulness. The purpose of the researchon the procedural law was to determine whether the judicature of theSupreme Court emphasizing the procedural standard in cases concerningthe discontinuation of proceedings against an insane perpetrator affectedthe observance of procedural guarantees of insane perpetrators in criminalproceedings. The conclusions of the research are based on the statisticaldata of the Ministry of Justice, the General Prosecutor’s Office and thefile research. The conclusions of the research are as follows: there was no significant change concerning the practice of imposing placement ina psychiatric facility on insane perpetrators after July 1st, 2015. The typesof prohibited acts the commission of which justify placing the perpetratorin a psychiatric facility have not changed significantly. On the otherhand, the procedural guarantees of the insane perpetrator are respectedto a slightly higher degree at present. Therefore, it should be consideredwhether the conditions for the application of placement in a psychiatricfacility should not be restricted only to a situation where the perpetratorposes a threat to selected, most important legal goods.