Involuntary psychiatric treatment as a safety measure in Croatian law

Abstract

Aim: To describe and analyze involuntary psychiatric treatment as a safety measure in Croatian legislation and practice.

Methods: We used descriptive, statistical, and case analysis methods.

Results: Three key conditions must be met to apply involuntary psychiatric treatment as a safety measure: the offender had to have committed a crime while in a state of significantly diminished capacity due to mental health issues; the offense had to carry a statutory prison sentence of at least one year; and due to the offender’s mental condition, there had to have been a risk of escalation in the future. Medical experts play a central role in how this measure is imposed and enforced, providing professional insights to help the court assess whether the offender had significantly diminished capacity at the time of the crime and whether psychiatric treatment is warranted and needed to address the underlying issues that may lead to an escalation in the severity of offending behavior in the future. Involuntary psychiatric treatment can be carried out within the prison system or in outpatient settings. The maximum duration of this measure is limited by the length of the sentence. The court is required to conduct periodic reviews and assess whether the legal conditions for treatment are still in place.

Conclusion: The criteria for involuntary psychiatric treatment as a safety measure are clearly defined in the legislation. Medical experts assess if mental health issues played a role in the offender’s ability to comprehend the significance of their actions and exercise self-control, which is pivotal in shaping the court’s decision on the offender’s mental capacity and the need for treatment to reduce the risk of escalating into a more serious offense. Outpatient commitment outside of the prison system may lead to better treatment outcomes for some offenders, while the mandatory periodic reviews of legal conditions ensure judicial safeguards against human rights violations through unnecessary medical treatment.