Commitment prerequisites according to paragraph 64 of the German penal code
Rasch, W.
Psychiatrische Praxis 13(3): 81-87
1986
ISSN/ISBN: 0303-4259 PMID: 3737782 Document Number: 283894
Article 64 of the Penal Code of the Federal Republic of Germany provides for the commitment of alcohol and drug addicts to special institutions if further severe offences are to be expected due to their addiction. The measure of correction cannot be applied if treatment endeavours are given no chance. As the lack of compliance very often only appears in the course of the treatment, an amendment was made which added a new article. According to the new legal regulations, the measure of correction can be annulled after one year of detainment if the addict shows no aptitude for the therapy. The new regulation implicates an intensification of the therapeuticts role conflict, which is based on the fact that coerced therapy was little chance to be successful. Before establishing the deficient therapeutical capability of a patient, it should be conscientiously verified how far a team conflict or an insufficient therapeutical offer determines the decision. It should be considered that possibly one only wants to get rid of a troublesome patient.