Die Dauer der Unterbringung in der Entziehungsanstalt

In Germany offenders can be sentenced to forensic addiction treatment which is realized in secure mental hospitals (according to section 64 of the German Penal Code). As a rule the persons concerned are transferred to the treatment institution after having served part of their prison sentence. There is an ongoing debate regarding the appropriate length of time of inpatient treatment. The average time in treatment differs considerably between the States of the Federal Republic of Germany and varies from somewhat over 1 year (Bavaria) to more than 2 years (North-Rhine Westphalia). In the trials mandating the treatment order, psychiatric experts are expected to exactly quantify the appropriate time of treatment for a specific person. For a number of reasons this surpasses expert capabilities as there is little empirical evidence regarding the effects of the duration of long-term treatment on outcome criteria, such as relapse or reoffending. This article discusses relevant aspects and suggests a pragmatic way to handle courts’ expectations in these lawsuits.