Forensic psychiatry in the netherlands: Retrospect and prospect

Abstract

In this paper possible reasons are given why in the Netherlands the relationship between the magistracy and forensic reporters is one of mutual understanding, rather than of rivalry and competition. By means of case vignettes it will be shown how courts keep in touch with developments in the behavioural sciences. This, however, is not the case with current legislation where conflicts have arisen. An example is where someone has been taken voluntarily into a psychiatric hospital; if the patient is not capable of saying clearly and explicitly that he or she is a voluntary patient, he or she is assumed to be there on an involuntary basis. As a result of such unrealistic legal procedures psychiatry runs the risk of being marginalized by the legislator