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STATEMENTS REGARDING CRIMINAL RESPONSIBILITY

During the last five years the annual number of forensic psychiatry mental examinations carried out in Finland has been less than 200.

Table 1. Number of mental examinations in Finland and at Niuvanniemi Hospital in 2005-2008

Year Entire country Niuvanniemi Hospital
2008 126 45
2007 126 45
2006 134 43
2005 197 58

Other examination facilities included HUCH Psychiatry Centre, Vanha Vaasa Hospital, Oulu University Hospital Psychiatry Clinic, Tampere University Hospital Psychiatry Clinic, Psychiatric Prison Hospital and Kellokoski Hospital. The waiting period for examination is now well under 6 months; the duration of examinations rarely exceeds the set two-month limit. The average examination period at Niuvanniemi Hospital is 56 days, of which the waiting period for a decision of the National Supervisory Authority for Welfare and Health (Valvira) is two to three days. In recent years the opinion of the National Supervisory Authority for Welfare and Health has rarely deviated from the criminal responsibility statements presented by forensic psychiatry experts.

Generally the question has been one of circumstances in which the person issuing the statement has assessed the patient as being of reduced criminal responsibility while the National Supervisory Authority for Welfare and Health (Valvira) has considered the patient as having criminal responsibility (table 2).

Table 2. Criminal responsibility statements of physicians carrying out mental examinations and the National Supervisory Authority for Welfare and Health in 2004-2008.

Year and number of mental health statements

Criminal responsibility statement of examining physician

Criminal responsibility statement of the National Supervisory Authority for Welfare and Health

n

%

n

%

2004

RESP

102

61,45

106

63,86

n=166

RCR

35

21,1

30

18,07

 

IRR

29

17,45

30

18,07

 

2005

RESP

120

61,23

126

64,28

n=196

RCR

41

20,92

35

17,86

 

IRR

35

17,85

35

17,86

 

2006

RESP

84

62,68

85

63,43

n=134

RCR

20

14,92

19

14,17

 

IRR

28

20,9

28

20,9

 

RESP+RCR

1

0,75

1

0,75

 

RESP+IRR

1

0,75

1

0,75

           
2007 RESP 68 53,9 70 55,5
n=126 RCR 21 16,7 19 15,1
  RR 35 27,8 35 27,8
  RESP+RCR 1 0,8 1 0,8
  RESP+IRR 1 0,8 1 0,8
           
2008 RESP 77 61,1 78 61,9
n=126 RCR 20 15,9 19 15,1
  RR 29 23 29 23

WCR = with criminal responsibility RESP = Responsible
RCR = reduced criminal responsibility RCR = Reduced criminal responsibility

LCR = lacking criminal responsibility

RR = Irresponsible