NCJ Number
60238
Journal
Deviance et societe Volume: 1 Issue: 4 Dated: (DECEMBER 1977) Pages: 441-449
Date Published
1977
Length
9 pages
Annotation
THE NEW BELGIAN LEGAL PROVISIONS CONCERNING INSANE AND MENTALLY DISTURBED OFFENDERS ARE ANALYZED AND CRITICIZED.
Abstract
ARTICLE 7 OF THE NEW BELGIAN LAW FOR SOCIAL DEFENSE (1964) PROVIDES THAT 'INSANE' AND 'SEVERELY DISTURBED OFFENDERS' BE COMMITTED TO AN INSANE ASYLUM RATHER THAN IMPRISONED. THIS ARTICLE, ALREADY CONTAINED IN A 1930 LAW, IS ALMOST UNANIMOUSLY CONDEMNED BY MEDICAL DOCTORS AND PSYCHIATRISTS, SINCE IT IS NEARLY IMPOSSIBLE TECHNICALLY TO DISTINGUISH BETWEEN A 'SEVERELY DISTURBED OFFENDER' AND ONE THAT IS MERELY 'DISTURBED' AND THEREFORE SHOULD GO TO PRISON. EVEN A SEVERELY DISTURBED OFFENDER IS USUALLY IN THE POSITION TO CONTROL AND ASSUME RESPONSIBILITY FOR HIS ACTIONS--WHICH THE INSANE OFFENDER IS CLEARLY NOT. IN VIEW OF THESE DIFFERENCES, INSANE AND SEVERELY DISTURBED PERSONS SHOULD NEITHER BE JUDGED UNDER THE SAME LAW NOR BE COMMITTED TO THE SAME INSTITUTIONS FOR TREATMENT. SINCE 1930, MANY EXPERT SUGGESTIONS HAVE BEEN MADE FOR A BETTER DISTINCTION BETWEEN THE TWO GROUPS OF OFFENDERS, BUT DESPITE MANY OTHER IMPROVEMENTS THE NEW LAW DOES NOT INCORPORATE THESE. HOWEVER, IT IS NOT SUFFICIENT TO CONTINUE TO PRESS FOR A REFORM OF THE ARTICLE AND TO ARGUE ABOUT CONFINED OFFENDERS. PROGRAMS ARE NEEDED TO TAKE CARE OF OFFENDERS RELEASED FROM INSANE ASYLUMS. POSTRELEASE HOMES, SHELTERED WORKING CONDITIONS, PROFESSIONAL TRAINING, AND LEISURE ACTIVITIES MUST BE PROVIDED. SUCH IMPROVEMENTS WOULD HELP TO QUIET THE PRESENT PROFESSIONAL SKEPTICISM TOWARDS THE NEW LAW. THE ARTICLE CONTAINS FOOTNOTES. --IN FRENCH. (SAJ)