치료명령제도의 도입에 따른 법적 개선방안

• 영문명: The Legal Improvement on Community Order
• 발행기관: 한국형사정책학회
• 저자명: 김혜경(Kim, Hye-Kyung)
• 간행물 정보: 『형사정책』刑事政策 第28卷 第2號, 109~137쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.09.30

영문 초록

The purpose of Medical Treatment and Custody Act is to prevent from recommitting crime those who have committed an offensive act in a state of mental disorder, addiction to narcotics, alcohol or other drugs, or psychosexual disorder and are deemed likely to recommit crime and to require special education, betterment and medical treatment and facilitate their rehabilitation by providing them with proper protection and medical treatment. And when this Act was amended at Dec. 1, 2015, community order was introduced to korean law system. Community order aims to reduce re-offending by alcohol misuse or mental and physical disability. So a mentally handicapped person who is subject to a reduced sentence under Article 10 (2) of the Criminal Act, and has committed an offense entailing imprisonment without prison labor or heavier punishment and chronic drinker who has committed an offense entailing imprisonment without prison labor or heavier punishment be sentenced to community order. They should receive involuntary outpatient commitment and be placed on probation during community order. Amended provisions aim to present local providers with flexibility to tailor requirements to individual need, changing patterns of substance misuse and moving towards a recovery-focused approach to treatment. But there are some problems and need to find improvement about community order proceedings. So, this study aims to legal improvement of community order including relations medical treatment and custody with community order, community order to insanity person, consent of person subject to community order, treatment period, burden of expenses, conditional suspension of indictment, spontaneous participation, pre-hearing procedure, and etc.

목차

Ⅰ. 들어가며

Ⅱ. 정신장애범죄에 관한 통계분석

Ⅲ. 외국의 입법례

Ⅳ. 치료명령제도의 법적 개선방안

Ⅴ. 나가며

키워드

치료감호법 치료감호 치료명령 외래치료명령 정신장애범죄 보안처분 조건부 기소유예 약물범죄 community order Medical Treatment and Custody Act medical treatment and custody conditional suspension of indictment alcohol misuse