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New developments in preventive detention in Germany.

Herbert R Steinböck¹

¹Forensic Department, Clinic of Eastern Munich, Haar, Germany. herbert.steinboeck@iak-kmo.de

Current Opinion in Psychiatry

|July 28, 2009

Summary

New developments in Germany's preventive detention laws are intensifying antiliberal tendencies in forensic psychiatry and the justice system. This trend impacts both mentally ill offenders and general psychiatric practice.

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Area of Science:

Forensic Psychiatry
Criminology
Legal Medicine

Background:

Preventive detention in Germany has a history dating back to 1933.
Current German penal code distinguishes between punishment for guilt and prevention based on dangerousness.

Purpose of the Study:

To review new developments in preventive detention in Germany.
To analyze the forensic psychiatric implications of these changes.

Main Methods:

Literature review of recent psychiatric and legal publications.
Analysis of new security laws and their practical consequences.

Main Results:

Recent legal developments include retroactive, reserved, and subsequent preventive detention, extended to young persons.
These changes affect the practice of forensic psychiatry and psychiatric literature.

Conclusions:

German forensic psychiatrists widely agree that evolving preventive detention laws foster antiliberal trends.
These trends impact jurisdiction, forensic psychiatry, and general psychiatry.