Jogállami garanciák és dilemmák a kényszergyógykezelés végrehajtásában - nemzetközi sztenderdek és hazai gyakorlat

In the present study, I address issues arising in the execution of compulsory treatment ordered against offenders suffering from insanity, which excludes criminal responsibility, provided further conditions are met. I examine these issues from the perspective of rule-of-law guarantees that apply to depriving offenders with mental disorders of their liberty. Currently, the therapeutic aim of the sanction is combined with an indeterminate deprivation of liberty within the penitentiary system, which carries significant risks for individuals with mental disorders. It is therefore necessary to place particular emphasis on two key aspects. On the one hand, the lawfulness of applying restrictive measures and coercive means needs to be examined in relation to the enforcement and enforceability of patients' rights, as well as the creation of adequate safeguards thereto. On the other hand, the legality of the detention itself requires attention, especially regarding the shortcomings observed in the current domestic practice concerning the termination of the measure. The relevance of the subject is further increased by the fact that, in 2024, the European Committee for the Prevention of Torture (CPT) issued its report on the findings and observations upon its visit to the Forensic Psychiatric and Mental Institution, which serves as the place of execution.