Fast i rättspsykiatrin - ett system i obalans

Sammanfattning: The Swedish system for care within the field of forensic psychiatry has been under scrutiny by the media in 2020. Different parts of Swedish media have highlighted that there are people treated in facilities for forensic psychiatry despite not having a need for medical care. In this essay I study the current sanctions applicable for mentally ill individuals who have committed crimes. The presumption against a jail sentence in 30 kap 6 § BrB is highlighted as well as other sanctions that may be used. However, the main focus of the essay is on forensic psychiatric care. The essay discusses the prerequisites for handing over a person to forensic psychiatric care, continued care for that person as well as the discharge from care. Lastly a proposed reform to the current system is discussed. The essay uses a critical perspective on the law by studying the underlying interests within the legal framework. As a starting point for the analysis the interests of legal security, proportionality, the need for medical care and societal protection have been used. The conclusion shows that there is an imbalance between the interests. For example, the need for medical care and proportionality are working against each other in the current system. The interest of societal protection has a significant role in some instances, which leads to a diminished legal security.