Custodial Addiction Treatment Order

Custodial Addiction Treatment Order in Europe

Custodial Addiction Treatment Order in Germany

Provisions relating to custodial addiction treatment order in the German Criminal Code [1]: This criminal issue is covered by Chapter Three Sanctionsunder the Sixth Title, Measures of Rehabilitation and Incapacitation,” located in Section 64 Custodial addiction treatment order, which reads: If a person has an addiction to alcohol or other drugs and is convicted of an unlawful act committed while he was intoxicated or as a result of his addiction, or is not convicted only because he has been found to be insane or insanity cannot be excluded on the evidence, the court shall make a custodial addiction treatment order if there is a danger that he will commit future serious unlawful acts as a consequence of his addiction. Such order shall not be made unless ab initio there is a sufficiently certain prospect of success that the person can be healed by way of custodial addiction treatment or that a relapse into addictive behaviour and the commission of serious unlawful acts caused by that addiction can be prevented for a substantial period of time.

Resources

Notes

  1. The content of the translated German penal code in relation to custodial addiction treatment order is current as of 2010

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