德國精神障礙犯罪行為人之保護管束措施【醫事綜探】 試閱
Protective Measures for Criminal Offenders with Mentally Disorder in Germany
刑法第19條規定因精神障礙而欠缺辨識違法能力或依其辨識而為行為之人，因欠缺罪責能力而不罰。然而傳統刑法釋義學針對符合該條規定之行為人，其依同法第87條所應執行之監護處分顯然較少著墨，其中包含如何尋找合適收容處所、收治與否所應評估之事項收容治療預計達成之目標及實際運作等問題。就此，本文擬參考德國相關經驗做法，以期提供一定啟示。
According to § 19 Criminal Code of the Republic of China, an offense is not punishable if it is committed by a person who is mentally disorder or defects and, as a result, is unable or less able to judge his act or lack the ability to act according to his judgment. In comparison, the execution of custodial protection provided by § 87 is apparently less discussed by academics of traditional criminal law. Such matters might include the search of suitable place for accommodation, the evaluation before accommodation, goals to be achieved after treatment and other practical issues. Thus, this article aims to introduce german experiences, which might give some insights for the future development in Taiwan.
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