The Direction of the Amendment to Deal with the Accused with Mental Illnesses Properly
The constant occurrence of crimes committed by mentally ill accused in the society has caused panic among the general public. The current legal system in our country is lagging far behind in this regard and has more problems than one can cope with. Furthermore it is common in legal praxis to act expeditiously to appease the public, ignoring the rights of the mentally ill accused. Paragraph 10 of the Enforcement Act of Convention on the Rights of Persons with Disabilities, which has been putted in force since December 3rd in 2014, obliges the governmental authorities to amend or repeal legal norms and to improve administrative measures. In this essay, the current legal institutions which are commonly applied to deal with the mentally ill accused would be reviewed, such as the tutelage, the remand, the Mental Health Act as well as the Enforcement of the Rehabilitative Measures, and amendments would be proposed. Besides it would be suggested that a compulsory treatment like the temporary placement should be amended to the Criminal Procedure, in order to achieve a more appropriate legal arrangement for the protection of the rights of mentally as well as physically disabled persons, effective criminal prosecution and the social security.