Therapie und Therapiebeurteilung als Grundlage juristischer Entscheidungen

The idiosyncratic focus of German legal politics on sexual crimes and the extension of preventive detention has led to an unhoped-for career of the juridical therapy expections of the penal system. The basic justification and necessity of an expansion of “treatment detention” particularly in the therapeutic form will be clarified. People detained under preventive detention are not sick but their disposition to undertake serious crimes can be considered as a condition in need of therapy and nursing. Even the “mental disorder” of the Therapy Detention Act (ThUG) is, according to the author, nothing more than this “disposition” to § 66 of the Penal Code. Of course therapy leads to obviously positive results in only some of the convicted felons but nevertheless it is worth it. The newer form of preventive detention takes over considerable tasks and responsibilies from the never realized social therapeutic mental institution (in the sense of a “reprimand solution”).