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