Criminal offence

Involuntary placement in a mental health care institution is permitted when you have committed a criminal offence while suffering from mental incapacity or diminished mental capacity, or have acquired mental incapacity after the conviction, and your placement in a mental health care institution is necessary.

Mental incapacity or diminished mental capacity

There are situations where people have committed a criminal offence in a state of mental incapacity. This incapacity could have resulted from either a mental disorder or a mental disability. It is also possible that a person may have developed mental incapacity after the conviction.

In a case of mental incapacity, the court frees the person from criminal liability. Where the person has acquired mental incapacity after the conviction, the court cancels the punishment. However, in both cases, the court may order the application of compulsory treatment, including involuntary placement in a mental health care institution.

Involuntary placement & Human rights

Human rights state that involuntary placement in hospital is a form of detention. It deprives a person of physical liberty and can interfere with private and family life.

You should not be placed in mental health care institution frivolously and without a very good reason. In other words, the placement must not be unlawful. It is also important that when you are placed in a mental health care institution, you are treated with respect, receive adequate medical treatment and are held in humane and adequate conditions.