The person has committed an offence (or offences) and the court has ordered the accused to undergo mental examination, where the accused has been found to have been lacking criminal responsibility during the accused offence due to a mental illness, and in need of involuntary treatment (Mental Health Act, Section 8(1)). If the National Supervisory Authority for Welfare and Health (Valvira), upon reviewing the mental examination statement, concurs with the conclusions of the statement, it shall order the person to psychiatric hospital for treatment against the person’s will (Mental Health Act, Sections 8 and 17(1)). The National Supervisory Authority for Welfare and Health (Valvira) shall decide on initiating the involuntary treatment of a person accused of a crime at a hospital which has the facilities and special expertise required for the treatment of the patient (Mental Health Act, Section 17 a). The National Supervisory Authority for Welfare and Health (Valvira) shall send the statement on the mental examination and its opinion to the court, which, if it concurs with the conclusions of the statement, shall waive the sentence of the accused due to the accused’s lack of criminal responsibility.
A patient whose sentence has been waived is a person who has been committed to a psychiatric hospital for treatment in the method described above. The need for treatment at a state mental hospital of a patient whose sentence has been waived is assessed in cooperation with the hospital district of the patient’s domicile, six months at the latest from the date the treatment was initiated. At the end of 2010, the number of patients at Niuvanniemi Hospital whose sentences had been waived stood at 146 (51 % of the hospital’s patients). The average treatment period of such patients discharged in 2010 was 7 years and 4 months. The average treatment period of such patients who were at the hospital at the end of December 2010 was 8 years and 8 months.