Legal conditions of preventive detention

摘要

The aim of Preventive Detention (Sicherungsverwahrung) according to Section 66 of the German Penal Code is to keep criminal offenders who have committed an intentional crime and are considered dangerous to the general public in safe custody after the end of their prison sentence. Preventive Detention which is ordered by the court collateral to the punishment is the most severe reaction to criminal behaviour available to German courts. It is therefore regarded as the ultima ratio of the penal sanction system. While this sanction had almost vanished into insignificance, its relevance has been growing steadily over the last ten years due to several amendments of the Penal Code. The total number of orders of Preventive Detention and that of criminal offenders placed into Preventive Detention have doubled over this period of time. Prior to ordering Preventive Detention and to the release of a placed person from Preventive Detention, the court has to consult a medical expert. In the forensic practice, courts generally mandate a psychiatrist with the exploration. Over the recent years, the regulations on Preventive Detention have reached a high level of complexity. This article can therefore only give a short overview over the basic principles of this sanction. The information contained in this article aims to provide an orientation about Preventive Detention in particular for the reader who approaches this topic from the perspective of a medical expert.