Last update:
09-Oct-2018

For decades, and even up to the middle of the 20th century, basic psychiatric practice in Greece resulted in the incarceration and repression of people with mental health problems who manifested suicidal behavior or violence towards others. A special category is that of mental health patients who have committed a serious criminal offense (homicide, attempted homicide, destruction of the property of others, theft, etc.). It is necessary in these cases to make an initial assessment of their mental state and diagnose their mental disorder, in order to judge their ability to stand trial, facing criminal charges or examination of their responsibility in the eyes of the law. The lack of the capacity to participate in or understand the judicial proceedings identifies certain patients as "unfit to plead", and in Greece they are "kept" in one of three psychiatric hospitals: "Dafni" Psychiatric Hospital of Attica, "Dromokaitio" Psychiatric Hospital of Attica, and the Psychiatric Hospital of Thessaloniki. This paper presents in aggregate for the first time the data regarding the psychiatric patients who are unfit to plead according to article 69 of the Greek penal code. This special status quo is discussed under the question of whether compulsory custody is for the benefit of the patient, or an excuse for "public security". The present shortcomings and gaps in the legal/psychiatric management system are identified, and the expected changes of the new draft legislation are outlined, which is under consideration to make better provision for these patients.

Key words: Criminal justice, Fitness to plead, Mental disorder offenders, Mental health law.