[HTML][HTML] The dangers of using diagnoses outside of established psychiatric nosology in the courtroom: Analysis and discussion of current Swiss legal precedent from a …
R Schleifer, H Wyler, A Smith, M Heer… - International journal of …, 2022 - Elsevier
Akin to many jurisdictions, Switzerland has a dual system of sanctions comprising sentences
and measures. To order a therapeutic measure per Article 59 or 63 of the Swiss Criminal
Code, the presence of a “severe mental disorder” must be determined. Before the new legal
precedent, this required a medical diagnosis according to recognised classification systems
like the ICD or DSM. The court then decided if a disorder was “severe” in the legal sense,
thereby requiring such a therapeutic measure. However, in two 2019 rulings, the Swiss …
and measures. To order a therapeutic measure per Article 59 or 63 of the Swiss Criminal
Code, the presence of a “severe mental disorder” must be determined. Before the new legal
precedent, this required a medical diagnosis according to recognised classification systems
like the ICD or DSM. The court then decided if a disorder was “severe” in the legal sense,
thereby requiring such a therapeutic measure. However, in two 2019 rulings, the Swiss …
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