Involuntary placement of a mentally ill person in a psychiatric hospital and care institution
Introduction In the mental health area, the most problematic issues are the involuntary placement of the mentally ill in closed institutions, both under civil and criminal proceedings, and their involuntary treatment. Despite the international efforts of harmonizing measures, the nature and practi...
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| Format: | Article |
| Language: | English |
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Cambridge University Press
2021-04-01
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| Series: | European Psychiatry |
| Subjects: | |
| Online Access: | https://www.cambridge.org/core/product/identifier/S0924933821010221/type/journal_article |
| _version_ | 1797616568556847104 |
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| author | A. Arold J. Kostomarova |
| author_facet | A. Arold J. Kostomarova |
| author_sort | A. Arold |
| collection | DOAJ |
| description |
Introduction
In the mental health area, the most problematic issues are the involuntary placement of the mentally ill in closed institutions, both under civil and criminal proceedings, and their involuntary treatment. Despite the international efforts of harmonizing measures, the nature and practice of the services still vary from country to country.
Objectives
To analyse involuntary placement of persons with mental disorders in closed institutions under civil and criminal proceedings, which include both psychiatric hospitals and care institutions.
Methods
Review and analysis of regulations and practice of involuntary placement of a person with a mental disorder in a closed institution in the context of Estonian, Finnish, Russian, and English law, health care and social system.
Results
Estonian, Finnish, Russian, and English law distinguish between criminal and civil proceedings regarding involuntary placement of a mentally ill person in a closed institution. However, specifics of the proceedings are different among the countries, e.g. judicial involvement, and deadlines. Also, the provision of forensic mental health services differ among these countries, e.g. in Estonia offenders and non-offenders are kept separately, whilst in England and Russia patients are not distinguished so strictly.
Conclusions
The distinction between involuntary placement of the mentally ill in criminal and civil proceedings is distinguished primarily for the reason that in one case the risk arising from the person is directly realized by committing an unlawful act and in the other case the risk arising from the person is directed at themselves or is not qualified as an unlawful act.
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| first_indexed | 2024-03-11T07:41:59Z |
| format | Article |
| id | doaj.art-3dc846ca0c01405581e9685c1a4085e4 |
| institution | Directory Open Access Journal |
| issn | 0924-9338 1778-3585 |
| language | English |
| last_indexed | 2024-03-11T07:41:59Z |
| publishDate | 2021-04-01 |
| publisher | Cambridge University Press |
| record_format | Article |
| series | European Psychiatry |
| spelling | doaj.art-3dc846ca0c01405581e9685c1a4085e42023-11-17T05:08:16ZengCambridge University PressEuropean Psychiatry0924-93381778-35852021-04-0164S381S38110.1192/j.eurpsy.2021.1022Involuntary placement of a mentally ill person in a psychiatric hospital and care institutionA. Arold0J. Kostomarova1C, Marienthali Kliinik, Tallinn, EstoniaLaw, University of Tartu, Tartu, Estonia Introduction In the mental health area, the most problematic issues are the involuntary placement of the mentally ill in closed institutions, both under civil and criminal proceedings, and their involuntary treatment. Despite the international efforts of harmonizing measures, the nature and practice of the services still vary from country to country. Objectives To analyse involuntary placement of persons with mental disorders in closed institutions under civil and criminal proceedings, which include both psychiatric hospitals and care institutions. Methods Review and analysis of regulations and practice of involuntary placement of a person with a mental disorder in a closed institution in the context of Estonian, Finnish, Russian, and English law, health care and social system. Results Estonian, Finnish, Russian, and English law distinguish between criminal and civil proceedings regarding involuntary placement of a mentally ill person in a closed institution. However, specifics of the proceedings are different among the countries, e.g. judicial involvement, and deadlines. Also, the provision of forensic mental health services differ among these countries, e.g. in Estonia offenders and non-offenders are kept separately, whilst in England and Russia patients are not distinguished so strictly. Conclusions The distinction between involuntary placement of the mentally ill in criminal and civil proceedings is distinguished primarily for the reason that in one case the risk arising from the person is directly realized by committing an unlawful act and in the other case the risk arising from the person is directed at themselves or is not qualified as an unlawful act. https://www.cambridge.org/core/product/identifier/S0924933821010221/type/journal_articleinvoluntary placementmental healthpsychiatrymental health legislation |
| spellingShingle | A. Arold J. Kostomarova Involuntary placement of a mentally ill person in a psychiatric hospital and care institution European Psychiatry involuntary placement mental health psychiatry mental health legislation |
| title | Involuntary placement of a mentally ill person in a psychiatric hospital and care institution |
| title_full | Involuntary placement of a mentally ill person in a psychiatric hospital and care institution |
| title_fullStr | Involuntary placement of a mentally ill person in a psychiatric hospital and care institution |
| title_full_unstemmed | Involuntary placement of a mentally ill person in a psychiatric hospital and care institution |
| title_short | Involuntary placement of a mentally ill person in a psychiatric hospital and care institution |
| title_sort | involuntary placement of a mentally ill person in a psychiatric hospital and care institution |
| topic | involuntary placement mental health psychiatry mental health legislation |
| url | https://www.cambridge.org/core/product/identifier/S0924933821010221/type/journal_article |
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