KIC 研究简要

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KIC 研究简要

Criminal Trial System and Treatment Facility of Mentally Disabled

Mental state of Criminals during Act of Crime - Total number of criminals, Criminals with mental disorder
  2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Total number
of criminals
1,049,250 1,033,914 1,008,253 1,179,445 1,278,802 1,108,307 1,114,495 1,287,401 1,276,886 1,492,974
Criminals with mental
disorder
3,332(0.3) 3,288(0.3) 3,511(0.3) 4,321(0.4) 4,730(0.4) 4,136(0.4) 4,396(0.4) 4,602(0.4) 5,241(0.4) 5,903(0.4)

Background

In modern society, mental disorder and problems caused by such disorders have increased. Therefore, for a more developed form of criminal trial and treatment, it is important to find special forms of criminal trial and sanctions which are different from the traditional methods.


Improvement Measures

  • A form of criminal trial system which could be adopted without conflict is the Continental Mental Health Law rather than the Anglo-American. The best form is for the general criminal court to order medical treatment with the consent of the accused.

  • The most important factor of the Mental Health Act of major countries is that the court can order mental health treatment for the accused during criminal trials.

  • Korea has adopted the treatment order system in December 2016. It is formally different from the Anglo-American Mental Health Act, but the court is able to order mental treatment to prevent recidivism of the accused.

  • Furthermore, it is possible to consider setting up a special justice department which is in charge of criminal trials of mentally disabled. However, it is advisable to establish a special form of court which is different from the traditional criminal court.