精神病院之保安監禁應以具積極確信為前提【寰宇醫事裁判】 試閱
The Accommodation in the psychiatric Hospital should be premised on a positive Ascertainment
依德國刑法第63條，將被告安置於精神病院之保安監禁，須以有積極確信於精神疾病與犯罪行為之間的關聯為前提。然而，本案被告患有思覺失調症之病史並不足以證明其容易重複實施犯罪行為，毋寧須以被告之思覺失調症與特定犯罪行為之間有所關聯，始為已足。本案被告於獲診斷思覺失調症期間並無傷害罪之前科，系爭傷害行為也無法歸因於思覺失調症，難以據此證明足堪有刑法第63條之保安監禁處分。
There must be a positive ascertainment for the connection between the psychosis and the crime as the condition to the accommodation in the psychiatric hospital according to paragraph 63 German Criminal Code. However, with the history of schizophrenia it still couldn’t be proved that the accused would be tend to commit a crime repeatedly. There must rather be a connection between the suffering schizophrenia and the committed crime. During the accused was diagnosed with the schizophrenia, there was no record for committing an injury, the issued injuring behavior in this case could be traced back to the schizophrenia. Therefore, it might difficult to have a reason to the accommodation in the psychiatric hospital according to paragraph 63 German Criminal Code.
081-086
