Die forensisch-psychiatrische Beurteilung des Neonatizids unter besonderer Berücksichtigung des Eingangsmerkmals der tiefgreifenden Bewusstseinsstörung

The privileging of neonaticide (homocide of an illegitimate child by the mother right after birth) in the 1998 abrogated § 217 of the German penal code, was primarily justified in view of the denied pregnancy and the consequent state of the mother at the time of birth. Even after abrogation of § 217 StGB there has to be differentiated between former reasons for privileged treatment, which now can justify from a juridicial point of view the use of § 213 StGB (minor manslaughter), and those pathological states of mind which allow for the establishment of reduced or nullified legal responsibility. On the one hand the question, when extensive consciousness disturbance can be debated on an empirical basis with regard to the state at or right after the time of birth, is investigated. On the other hand it is referred to the in it’s contents variable shaping of the normative scope for making a decision, which is given in such a rate, as an empirical basis of valuation is missing.     

Philosophie und Geometrie. Zur jüngeren Protophysik-Kritik

The critique of my protophysical approaches to operational foundation of geometry by Lucas Amiras (Journal for General Philosophy of Science Vol. 34 (2003)) concerns my first publication from 1976 but not the further 30 years of work. It does not offer any argument leading from the (erroneous) judgement “lacking success” to the conclusion “impossible”. And it is, in general, based on a philosophical defect: it ignores the principle of methodical order as leading for constructivist protophysics.     

Tötungsdelinquenten im Normalvollzug unter besonderer Berücksichtigung psychiatrisch unauffälliger Mörder

We collected data on 121 cases of homicide and manslaughter in the normal penitentiary system and counted the cases of perpetrators with, and without, psychiatric diagnosis. About 30% of the sample consisted in perpetrators without any psychiatric diagnosis; in contrast, about 40% were diagnosed as personality disorder; some few cases (7%) were classified as alcoholism or polytoxicomania, respectively; and the rest (23%) were cases of both personality disorder and alcoholism/polytoxicomania. Perpetrators without psychiatric diagnosis differed in systematic ways from perpetrators with psychiatric diagnosis. The former committed their offenses more on victims in partnership and family, while perpetrators with psychiatric diagnosis frequently offended strangers. Perpetrators lacking a diagnosis used poison, and striking to dead, relatively more frequently while homicide and manslaughter by stabbing, shooting, or some combination thereof were committed mainly by perpetrators with psychiatric diagnosis. Diagnosed perpetrators had more frequently been previously convicted (nearly 70%). In sum we found a considerable percentage of perpetrators who lacked a psychiatric diagnosis. We argue that this group can properly be distinguished from perpetrators who have some psychiatric diagnosis.     

Die Behandlung paraphiler Störungen mit GnRH-Agonisten unter besonderer Berücksichtigung ethischer und rechtlicher Aspekte

Current guidelines recommend the use of antiandrogenic medication in addition to psychotherapeutic procedures in the treatment of patients and sexual offenders with severe paraphilic disorders and a high to very high risk of committing severe sexual offences. This article provides an overview about the current state of research concerning the effectiveness and possible side effects of antiandrogens and discusses the legal and ethical basis of using antiandrogens in the therapy of paraphilic disorders with a focus on gonadotropin-releasing hormone (GnRH) agonists. Meanwhile, a great deal of empirical evidence exists with respect to the effectiveness of GnRH agonists for lowering paraphilic sexual fantasies and behaviors; however, GnRH agonist treatment also still has a risk of mild to severe undesired side effects, e.?g. hypertension, hyperlipidemia, liver damage, bone demineralization and depression. Nevertheless, in German forensic psychiatric institutions a not insignificant proportion of patients are treated with antiandrogens and furthermore, in the last few years treatment with GnRH agonists has become more important. In Germany, GnRH agonists can only be used on a voluntary basis; however, in some European countries and North American states legal statutes for compulsory treatment also exist. This is clearly contrary to the recommendations of current international guidelines. In light of the fact that GnRH agonist treatment could violate basic human rights, the need for an ethically sound approach is even more important in the decision for therapy with GnRH agonists. This article provides some proposals for a treatment approach that is in line with current ethical and legal requirements.     

Die Begutachtung im Betreuungsrecht unter besonderer Berücksichtung der Voraussetzungen für eine freiheitsentziehende Unterbringung nach § 1906 BGB

This article addresses the demands on forensic-psychiatric assessments within legal guardianship. Discussing in particular the medical and normative requirements for an involuntary commitment in accordance with section 1906 of the German Cilvil code.     

Zur Protophysik der Zeit: Antwort auf die Vorgebliche Widerlegung von H. Andreas nebst einer Anmerkung über die Tragweite protophysikalischer Begründungsansprüche

On the Protophysics of time. Reply to H. Andreas’ critique along with a remark on the scope of operational foundations of measurement. In 2004, H. Andreas presented in this journal a refutation of Janich’s operational foundation of time measurement. Pursuing suggestions made by F. Mühlhölzer in 1981, Andreas intends to show that Janich’s proof of the uniqueness of the operationalization that he suggested fails. It is shown that Andreas’ arguments, like Mühlhölzer’s, are mistaken and do not challenge Janich’s theory. Some remarks on the scope of Protophysics are added, which may lead to a more substantial discussion of the merits of Janich’s approach.     

Zur Bedeutung des Wahns für die Beurteilung der Schuldfähigkeit nach den §§ 20 und 21 StGB

For the assessment of criminal responsibility of offenders with symptoms of delusion it first has to be examined if one of the four basic elements of §§ 20, 21 of the German Penal Code is fulfilled. For this purpose a careful diagnosis of the type and intensity of the delusion and the underlying psychiatric disease is necessary. If a basic element is fulfilled the effect of the delusion on the ability of the offender to perceive the wrongful character of the act and to control behavior have to be discussed. For this the model of the anthropological cross developed by Winfried Brugger can be helpful.