One of the preventive measures provided for in the Executive Penal Code is placement in a psychiatric institution. The competent court is the court in whose district the perpetrator is staying, which is a court of the same rank as the court that issued the judgment in the first instance.
Before adjudicating a precautionary measure, the court hears:
- a psychologist;
- a psychiatrist – in cases of insane, impaired or with personality disorders, or when the court deems it advisable;
- sexologist or sexologist psychologist – in cases of people with disorders of sexual preferences.
- an expert on addiction – optional in cases of addicts.
Psychiatric establishments may be organized as establishments with basic, enhanced, or maximum security conditions.
The perpetrator is referred to a psychiatric institution with the conditions of maximum security, if his repeated behavior that threatens the life or health of other people or causes the destruction of items of significant value cannot be controlled in a closed psychiatric facility with conditions of enhanced security or if it is not possible to prevent his willful withdrawal from a closed psychiatric facility with enhanced security conditions for the perpetrator.
The perpetrator shall be referred to a psychiatric facility which has the conditions of enhanced security if his behavior that threatens the life or health of other people or causes the destruction of items of significant value cannot be mastered in a psychiatric facility which has the conditions of basic security. The perpetrator who poses a threat outside the establishment will also be referred to the facility with enhanced security, when it is not possible to prevent his willful departure from a psychiatric facility with the conditions of basic security.
An offender who does not qualify for a psychiatric institution with maximum or enhanced security is referred to a psychiatric facility with the conditions of basic security.
The court includes the period of the prisoner’s stay in the institution towards the penalty.
The court may not consider the application for a change or revocation of a protective measure, if less than 6 months have elapsed since the previous ruling on this matter was issued, and the applicant has not indicated new circumstances relevant to the decision.
It should be emphasized that the decision on the precautionary measure may be appealed against.
