Security measure in a criminal case

Involuntary placement in a mental health care institution is permitted when the court has ordered it as a security measure in a criminal case.

If you have committed a criminal offence in a state of mental incapacity, the court frees you from criminal liability and may order compulsory medical treatment away from or within a mental health care institution. Whilst waiting for the court’s decision, the judge or the court may also order your stay in a mental health care institution as a security measure.

Involuntary placement & Human rights

Human rights state that placement in a mental health care institution as a security measure is a form of detention. It deprives a person of physical liberty and can interfere with private and family life. It is also a very strict security measure and should not be applied frivolously.

You should not be placed in a mental health care institution frivolously and without a very good reason. In other words, the placement must not be unlawful. It is also important that when placed in a mental health care institution, you are treated with respect, receive adequate medical treatment and are held in humane and suitable conditions.

Human Rights Guide

A European platform for human rights education