Treatment and Guardianship for Offender of Personality Disorders
Certain types of personality disorders are not accompanied by psychiatric symptoms such as delusions and hallucinations, but their internal experience and appearance of behavior deviate from the expected pattern of cultural background, so the definition is not easy, and it will cause psychiatric diagnosis and judicial treatment. In addition, although antisocial personality disorders have a similar appearance of mental abnormalities, they are excluded from the current mental health law. Therefore, measures such as compulsory hospitalization and community treatment cannot be applied. However, the defendant of the Police Killed in Taiwan Railway case had thus been found not guilty and guardianship for 5 years sentenced by the Chiayi District Court on charges. So being criticized for creating a breach in the social safety network. For this reason, the Ministry of Justice proposes to revise the guardianship period for an unlimited period, which may also to violate the Constitution. In view of this, this article reviews the particularity of antisocial personality disorders and the criminal responsibility they should bear. In order to maintain the balance of social defense and society rehabilitation, it also quoted the Japanese models on strengthening social safety nets, and put forward suggestions that amend the relevant provisions of the Mental Health Law, the Criminal Law and the Security Measures Enforcement Law for offender treatment and guardianship.