OLG Munich: Law does not set a maximum period
If mentally ill people are placed in a psychiatric clinic because of a crime, this is theoretically possible for life. Because according to the legal provisions there is no maximum period for accommodation in a psychiatric hospital, the Higher Regional Court (OLG) Munich decided in a recently published decision of March 15, 2017 (Az. 1 Ws 192, 193/17).
The specific case concerned a mentally ill person who, after attempting severe predatory extortion, had been housed in a psychiatric hospital since April 27, 2007. From 2013, the man was in "trial living" outside the clinic. The district court of Munich I suspended the hospital accommodation on probation. However, during the “trial stay”, the man committed several burglaries.
A three-month placement in the psychiatric ward was then ordered. In addition, the suspension of the previous probation measure was revoked, so that the man had to stay longer in the clinic.
The patient, on the other hand, lodged a complaint and said that only the last temporary placement order should apply.
The OLG contradicted this. According to the law, a corresponding earlier order was settled with a new arrangement of the accommodation in a detention center. However, this does not apply to placement in a psychiatric clinic. The court emphasized that there is no statutory maximum period for placement in psychiatry. The complainant could therefore not be released after three months. fle / mwo