Study on Ar cle 59 of the Swiss Criminal Code Arcle 59 of the Swiss Criminal Code rules staonary therapeuc measures as to the treatment of offenders suffering from a serious mental disorder. The Naonal Commission for the Prevenon of Torture (NCPT) has mandated the research unit of Professor Jonas Weber (Instute of Criminal Law and Cri- minology, University of Bern) to review staonary therapeuc measures in se- cured instuons. The objecve of the study is to provide recommendaons in order to improve pracces as to ordering, implemenng and execung the measure. The study requested by the NCPT has been conducted from November 2013 unl April 2015. It deals with staonary therapeuc measures under Arcle 59 paragraph 3 Swiss Criminal Code and is structured into for different parts. 1. Analysis of specialised literature: Analysis of specific literature: swiss laws, by-laws, scienfic arcles and other relevant material. 2. Stascal figures: Collecon of stasc key figures with an adapted instrument done by the research team: socio-demographic, criminological, forensic-psychiatric data and also data about the execuon of the measures. Data has been collected in a random sample based on 75 cases. 3. Qualitave analysis: Analysis of court decisions, forensic-psychiatric exper se and fi les from the secured therapeu c ins tu ons for the same 75 cases. 4. Expert interviews: Guideline-based interviews with 10 experts funconing as prison management or management of the implementaon of measures. Results University of Bern Instute of Criminal Law and Criminology Departement Prof. Jonas Weber Schanzeneckstrasse 1 / Posach CH-3001 Bern www.krim.unibe.ch Contact Corinna Bumann +41 (0)31 631 47 99 [email protected] Mandate and Context Methods Project team: Jonas Weber / Jann Schaub / Corinna Bumann / Kevin Sacher Instute for Criminal Law and Criminology, Faculty of Law, University of Bern Order and execuon of staonary therapeuc measures with focus on secured instuons Study for the aenon of the Naonal Commission for the Prevenon of Torture (NCPT) Recommandaons and Publicaon by the NCPT The final report is structured into four parts (Literature and materials analysis; Stascal figures; Qualitave analysis; Results of expert interviews). On the basis of the final report the NCPT will draw up recommendaons to the cantons. The study will be published by the NCPT in autumn 2016. - In the view of the research team the new legal basis of arcle 59 has led to problems concerning the proporonality principle and partly to unclear authority. - Due to the lack of treatment places inmates can oſten not be placed in an adequate (therapeuc) seng. - Due to the lack of possibilies for subsequent soluons (e.g. work outside the instuon) the transion between secured and open instuons is minor, which aff ects parole resp. reintegraon. Sociodemographic figures (n=75) Type of instuon the inmate is currently placed in (n=75) Secure instuon for the execuon of measures 7% (n=5) Open instuon for the execuon of measures 14% (n=11) Psychiatric instuon 19% (n=14) Secure penal instuon 60% (n=45) Main conclusions * Swiss Federal Stascal Office - convicons stascs: Überblick Kennzahlen 2014 (25.11.2014) ** Swiss Federal Stascal Office - convicons stascs: Vollzug von Sankonen 2013 (1.9.2014) Main diagnosis according to forensic psychiatric assessment (absolute values; mulple answers; 73 cases) F60-F69 Personality and behaviour F10-F19 Psychoacve substance use F20-F29 Schizophrenia F30-F39 Affecve disorders F70-F79 Mental retardaon F40-F48 Neuroc, stress-related, somatoform 50 45 40 35 15 30 10 25 5 20 0 Gender Age Naonality Sample men 96% (n=72) women 4% (n=3) 18-24 years old 4% 25-34 years old 37% 35-44 years old 28% 45-59 years old 23% over 60 years 8% Swiss naonals 72% Foreign naonals 28% (n=21, 20 Naons) Comparave size: Prisons, detenon women 4.7% * up to 24 years old 26% ** 25-34 years old 38% 35-44 years old 21% over 44 years 15% Foreign naonals 73% * Legal responsibility (commied in forensic-psychiatric assesment, in %, n=75) Average duraon of imprisonement (in days, n=75) 2000 0 200 400 600 Pre-trial detenon and detenon for security reasons: 395.7 d Execuon of measures: 1399.7 d 800 1000 1200 1400 1600 1800 Prematurely execuon of measures: 77.3 d Absence of legal responsibility: 18.8 % Diminished responsibility: 59.4% Full legal responsibility: 21.6 %