Aktuelle Gerichtsprozesse

But Mannie Witz, a criminal lawyer with the Bridge Group at the Johannesburg Bar, has said that under South Africa's Criminal Procedure Act Pistorius must be treated as an inpatient because he did not volunteer for the evaluation.

"He didn't ask to be referred, he opposed it," said Witz, who has been an advocate for more than 35 years and according to CNN once taught Judge Masipa. This means Pistorius would have to go immediately into custody, either in hospital or prison, once he is formally referred tomorrow.



Read more: http://www.theweek.co.uk/world-news/oscar-pistorius/53387/oscar-pistorius-denies-sinister-remark-reeva-s-friend#ixzz32EO2TPKv

Psychiatric evaluation
After defence witness Dr Meryl Vorster told the court that Pistorius had 'generalised anxiety disorder', Judge Thokozile Masipa has said Pistorius must undergo a psychiatric evaluation. Masipa will formally issue her ruling on Tuesday, outlining who will carry out the evaluation, and where and when it will take place. A referral of this kind typically involves 30 days of observation and then another 30 days in which experts compile their reports, meaning that the minimum delay is likely to be two months.

schokoleckerli schrieb:.... dann erübrigt sich natürlich meine früher einmal gestellte Frage, wie lange das Gericht ausfällt, weil die Richterin in einem anderen Prozess Beisitzerin ist.

CosmicQueen schrieb:Bei Barry Bateman auf Twitter, hieß es gestern noch OP würde als outpatient ins Weskoppies Hospital eingewiesen werden

Dr Giada Del Fabbro, a clinical and forensic psychologist who has worked extensively with the South African Police Service, said that mental illness can affect a case in terms of criminal capacity and criminal responsibility.

"Criminal capacity refers to whether someone can tell right from wrong," she Del Fabbro said. "One is often found lacking in criminal capacity if there is evidence of a mental handicap or intellectual disability which affects one's knowledge of right and wrong."

However criminal responsibility is found lacking in people who have lost touch with reality - such as during a psychotic episode - and therefore did not act in accordance with their knowledge of right and wrong when committing the offence.

"If one is found not criminally capable, one generally is acquitted of the crime in question or receives a much reduced sentence or an intervention other than imprisonment," said Del Fabbro.

"If one is found criminally capable but not criminally responsible, one is generally directed to receive psychiatric intervention to address the psychiatric condition responsible for the loss of criminal responsibility and released."

Ivan de Klerk, a clinical and forensic psychologist who worked with the Department of Correctional Services in the past, said that another outcome is becoming a State patient.

"You are then admitted to a psychiatric facility for an undetermined period, or until such a time as the psychiatrists under the employ of the facility deem you mentally healthy enough to be discharged from the institution," said De Klerk, adding that that rarely happens.

Tussinelda schrieb:ich möchte auch vermeiden, hier nur einseitig zu berichten, man sollte versuchen, alles in Betracht zu ziehen, nur dann kann man sich eine Meinung bilden, die etwas weniger voreingenommen ist