정신장애자 치료적 처우의 현황과 개선방안

The causes and treatment of mental disorders are quite complex, and since they are not easy to treat and have a high probability of relapse, people with mental disorders may commit crimes and cause harm to the lives and bodies of others, and have a significant negative impact on society. Mentally ill offenders may commit crimes through psychological processes that are incomprehensible to those who do not have mental disorders, resulting in cruel and shocking consequences. Therefore, the development of effective measures to prevent the repeated crimes of mentally ill offenders is becoming an important issue for criminal policy as well as medical and social welfare. In particular, to look at the status of repeated crimes, we can see that the second offense rate of mentally ill people is higher than that of people without mental disorders. The most important criminal measures for mental disorders are repeated crime prevention and social rehabilitation. In this regard, medical treatment and custody under the Medical Treatment and Custody Act is significant in that it overcomes the limitations of punishment and eliminates future risks inherent in the offender through treatment. However, it is necessary to make an interpretation since the Act does not provide clear criteria for the risk of repeated crimes and the need for treatment, which are requirements, and requires interpretation. Since crimes committed by mentally ill offenders often lack the capacity for responsibility, the classical penal system cannot respond sufficiently, and therapeutic justice has been emphasized to eliminate and defend against social risks posed by them. This study examines the current status of therapeutic justice treatment for mentally ill offenders, focusing on medical treatment and custody, and investigates the problems and solutions of such treatment under the current law to minimize human rights violations.