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  • Title: [Inclusion of psychiatric-psychologic diagnoses among the 4 psychiatric symptoms of irresponsibility in articles 20 and 21 of the West Germany criminal code].
    Author: Rasch W.
    Journal: Psychiatr Prax; 1983 Sep; 10(5):170-6. PubMed ID: 6635053.
    Abstract:
    The reform efforts in the Federal Republic of Germany after the end of the war have led to a reformation of the regulations concerning legal responsibiltiy. The new law enumerates in articles 20 and 21 as prerequisites of irresponsibility or diminished responsibility for concepts: pathological psychic disturbance which comprises all psychic diseases like schizophrenia and manic-depressive states as well as psychic alterations resulting from brain damage. The second term is feeble-mindedness. The third one is profound disturbance of consciousness which refers to states of strong mental agitation not caused by an illness. Finally the new law used the concept of sever other mental abnormalities. Rather unfortunately the law has introduced the German expression "Abartigkeit" which has a derogatory tinge, insinuating the idea of degeneration. The adjudgment of irresponsibility or diminished responsibility does not depend on the type of psychiatric diagnosis. The new regulations offer the chance to psychiatry to take on more therapeutic responsibilities for mentally disturbed offenders.
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