Assessments according to sect. 64 of the German Criminal Code (StGB) - Recommendations for forensic-psychiatric experts when examining the requirements for admission to a rehabilitation facility in criminal court proceedings

Abstract

Background: The number of those judicially detained in a rehabilitation facility according to sect. 64 of the German Criminal Code (StGB) has been increasing for years. Courts are regularly advised by forensic-psychiatric experts, for whom the examination of the requirements for admission to such facilities is now also part of their daily business. At the same time, the large number and complexity of these requirements represent a particular challenge, as there are no guidelines available for carrying out these assessments. Aim: This article draws together legal and practical perspectives and offers recommendations for forensic-psychiatric experts on how to proceed when carrying out such assessments to ensure the court has all the necessary information to decide about admission to a rehabilitation facility. Methods: Narrative overview of empirical literature, legislation and jurisdiction. Results: Identifying a ‚sufficiently substantial"prospect of treatment success poses a particular challenge for experts, especially as there is need for a qualified negative risk prognosis, which is to be related to committing crimes in the context of a tendency for excessive substance use. However, statements made on this basis need to take into account factors such as antisocial behaviour and /or previous contacts with the criminal justice system, motivational aspects as well as the analysis of personal and social resources. Conclusions: Psychiatric experts have a substantial influence on the judicial decisionmaking process according to sect. 64 of the German Criminal Code (StGB). Taking into account the recommendations offered in this paper could support experts in carrying out comprehensive assessments for the court and prevent misunderstandings.