Wednesday, November 6, 2024

What Happens When a Sick Person Commits a Crime: Suspending Prison Sentences Due to Mental Health Issues

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A man with mental health issues goes to the doctor (Shutterstock)

the Mental illnesses in prisoners It complicates justice. Difficulties in accessing medical and judicial services It affects prisoners with serious conditions, revealing some of the problems facing the prison system in Spain.

The murder of Mateo, an 11-year-old boy, in Mosejón, Toledo, in which the alleged perpetrator suffered from a mental disorder, highlights what is missing in the management of sick prisoners. Although the investigation remains under strict secrecy, some details have been revealed. For example, that the arrested young man confessed to the crime, and attributed it to “your other self”. Furthermore, the father stated that his son had 70% disability.

this The relationship between mental illness and delusions It raises questions about justice. According to General Council of Spanish LawyersProsecuting and sentencing individuals with serious illnesses can be complex, and attorneys face a variety of challenges.

The mentally ill, who are often diagnosed once they are already in prison, need Specialized treatment that complicates your conditionPrison staff must face the difficulty of properly dealing with inmates with serious mental disorders in an environment where psychiatric units are not always present or are not adequately coordinated.

Serious mental illnesses often go unnoticed in summary assessments during criminal proceedings. It is revealed after imprisonment.The differences between imprisonment and security measures are often confusing, affecting their fair imposition.

Spanish laws state that: temporary imprisonment To ensure the defendant’s presence and to avoid changing evidence or creating new illusions. However, people with serious illnesses such as hepatitis C, AIDS or terminal cancer are unlikely to plan to commit further offences, given their fragility and ongoing medical needs.

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he Article 508 of the Code of Criminal Procedure It allows a judge or court to decide to carry out temporary home detention of the person under investigation if his health is seriously endangered. The Constitutional Court affirms that personal freedom in a democratic state is a fundamental right, indispensable for other freedoms, and must prevail for humanitarian reasons.

but, Adopting the health conditions of prisoners is complex.. Often, inmates cannot access their medical records or request records directly from their regular facilities. This situation is particularly difficult for preventive prisoners whose situation is in legal limbo. The Data Protection Act prevents centers from providing medical records of family members, even if these are just cases of deprivation of liberty. This regulatory rigidity causes delays in providing necessary medical assistance.

Moreover, prisoners with serious mental disorders often suffer from it. Difficulty obtaining exit permits, third-degree imprisonment, and parole.The problem is compounded by the lack of public or private institutions that can receive and support these patients when their families do not have the financial resources or simply do not feel ready to welcome them. Accommodation options in private centers are often beyond their financial reach.

International and legal standards recommend that, due to physical and mental limitations, people with serious medical conditions should live their last moments in a place of A more humane environment and closer to your loved onesHowever, the implementation of this regulation faces procedural and administrative challenges, which leads to the aggravation of the conditions of the inmates.

the feeding and Care for prisoners in situations of abandonment or lack of protection It becomes difficult when there are not enough resources. Often, families and institutions are not prepared to receive patients with serious illnesses, which makes matters worse for economic or logistical reasons.

An 11-year-old boy died after being attacked with a sharp object at a Mossego soccer field.

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