[Compulsory commitment of psychiatric patients from the viewpoint of physicians and judges--exemplified by the use of the psychiatric law of North Rhine and Westphalia]. / Die Problematik der zwangsweisen Unterbringung psychisch Kranker aus der Sicht von Arzten und Richtern--Beispiel der Anwendung des PsychKG Nordrhein-Westfalen.

For several years now a working team of judges and physicians has been tackling the questions involved in the compulsory hospitalisation of mentally diseased patients. In the course of this teamwork the deficiencies and drawbacks of hospitalisation legislation have become glaringly evident. The problems of hospitalisation by law and under the legislation practised by Guardianship Courts, are compared by juxtaposition. It will be necessary to employ the principles of family law if the principle of care and need of treatment should receive priority over that of the potential danger to society (which dominates present hospitalisation legislation). However, before any adequate measures can be taken, it will be absolutely necessary to effect essential changes in the "law on care and protection of mentally ill patients" that has been in force in North Rhine Westphalia since the end of 1969. It will also be necessary to change the practices observed in enforcing this law.