Criminal law and mentally ill offenders in comparative perspective

In this article we compare legal arrangements dealing with mentally disorde red offenders in the criminal law systems of Belgium, Canada, Germany, the Netherlands, Norway, Sweden, and the United Kingdom. To describe relevant d ifferences and similarities in the arrangements, we used a checklist contai ning central aspects of adjudication, assessment and treatment of mentally ill offenders. These aspects concern: (1) the legal classifications of ment al illnesses that can lead to exclusion of criminal responsibility; (2) the acceptance of diminished capacity as a partial excuse; (3) the possibiliti es for imposing security measures of compulsory treatment instead of or nex t to criminal punishment; (4) the conditions for their imposition in terms of seriousness of crimes committed and dangerousness of offenders; (5) the available hospitals or special clinics for executing security measures; (6) the role and task of forensic mental health professionals in assessing the offender's state of mind and in advising compulsory treatment; (7) the rul es for duration, prolongation and termination of the measures. The findings of this comparative analysis are evaluated in light of legal protection fo r mentally disordered offenders.