篇名

酒精依賴症患者是否為醫療觀察法強制入院對象?【寰宇醫事裁判】   免費試閱

並列篇名

Could a Patient with Alcoholic Dependence Syndrome be Compulsorily Admitted to Health Facilities According to Medical Observation Act?

中文摘要

本件被告犯行當下,因酒精中毒與代謝性腦病引發之意識障礙而處於心神耗弱狀態,檢察官依醫療觀察法聲請強制入院治療。雖鑑定意見指出被告因併有反社會人格而無治療可能性,但一審法院實際調查認為被告犯後有內心反省之跡象,故予以強制入院。二審法院卻以酒精依賴症不適用醫療觀察法,且不能為了確認被告有無治療可能性而強制入院,故撤銷一審判決。最高法院則認為,醫療觀察法並未限定試用種類,且一審已具體個案審查並具體說明為何不採納鑑定意見之理由,故撤銷二審判決仍令被告強制入院。

英文摘要

At the time of the offence, the accused was in a state of mental infirmity due to alcoholism and metabolic encephalopathy which lead to consciousness disturbance, and prosecutor requested compulsory admission to health facilities according to Medical Observation Act. Although the expert opinion stated that the accused had no curability because of his antisocial personality disorder, the court of the first instance found that the accused showed signs of internal reflection after committing the offence and therefore the compulsory admission was granted. However, the court of the second instance revered the former judgment on the grounds that Medical Observation Act couldn’t be applied to the patient with alcoholic dependence syndrome and that the accused couldn’t be compulsorily admitted for the purpose of ascertaining the curability. The Supreme Court held that Medical Observation Act wasn’t limited the type of the application, and that the concrete reason why the expert opinion wasn’t accepted was stated in the first trial. Therefore the judgment of the second trial was reversed and admit the accused to the health facilities compulsorily.

起訖頁

109-114

出版單位
DOI

10.53106/241553062022010063008  複製DOI  DOI查詢

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