Court-Ordered Compulsory Psychiatric Care and the Prosecutor’s Control Function

Abstract

The health care system is responsible for the implementation of court-ordered compulsory psychiatric care. In order to ensure that the health care system fulfills the statutory responsibility for crime protection, the legislature has added a control function to the prosecuting authority. Case law shows that the courts place emphasis on this control function in assessing whether court-ordered compulsory psychiatric care is necessary to protect society. This article highlights the prosecution’s legal remedies and professional prerequisites for fulfilling the control function.