치매환자 범죄자 처우에 대한 윤리적 과제와 형사정책적 제언

With the rapid increase in the number of elderly offenders, crimes committed by individuals with dementia have also been rising, and the proportion of serious violent crimes, including homicide, among such cases has notably increased. However, due to the inherent characteristics of dementia, conventional criminal law principles are often difficult to apply appropriately to offenders with dementia, not only during the investigation and trial stages but also at the stage of sentence execution. Consequently, there is a heightened risk that individuals with dementia who commit crimes may not receive appropriate treatment throughout the criminal justice process. Despite the seriousness of this issue, it has not yet been sufficiently recognized or discussed at the societal level. This lack of awareness is evident in the prevailing patterns of media coverage surrounding homicide cases involving elderly individuals with dementia. Therefore, to ensure appropriate treatment of offenders with dementia, it is first necessary to reassess societal perceptions of dementia and to reduce both public stigma and structural stigma associated with the condition. From this perspective, this article argues that revising the terminology used to refer to dementia should be considered as an initial step. Furthermore, in order to guarantee the human rights of offenders with dementia while simultaneously protecting public safety from crimes committed by them, this article proposes several policy directions for improvement across the criminal justice process. First, determinations regarding criminal responsibility should be based on accurate psychiatric evaluations, with careful consideration of the type and severity of dementia, taking into account its distinctions from other mental disorders. Second, in sentencing, treatment-oriented measures should be prioritized over traditional punitive sanctions. In addition to involuntary commitment for treatment, the use of probation accompanied by mandatory treatment orders should be actively considered. Finally, the prevention of criminal behavior by individuals with dementia requires the establishment of robust social safety nets that enable early diagnosis and timely treatment of the disease