Les nouvelles dispositions concernant les criminels malades mentaux dans la loi du 25 février 2008 relative à la rétention de sûreté et à la déclaration d’irresponsabilité pénale pour cause de trouble mental : une nécessaire évaluation du risque criminel

Abstract: Detention for reasons of public safety, an exceptional measure created by the French law of February 25, 2008, concerns individuals sentenced for certain major crimes who have a serious personality disorder and who present a very high risk of re-offending after their release. This measure involves placing the individual in a special socio-medicolegal center after the sentence has been served. The system raises several forensic issues: was it necessary, considering the already numerous repressive measures available in France? What can be considered as a serious personality disorder? How is the supposed considerable dangerousness of the individual to be evaluated? In their critique of the increasing complexity of the French system of repression, the authors propose a unique law on the safeguarding of society and social rehabilitation, which involves periodic scientific assessment of criminal dangerousness: before sentencing, during the detention, before the criminal''s release and, if necessary, in the community. The new regulations concerning the declaration of criminal irresponsibility for mental disorder provide little progress except for the possibility for certain judges to order forensic placement of criminals as well as conditions (prohibitions and obligations) concerning them after their confinement in a psychiatric establishment. Finally, the recent procedures of the February 25, 2008 law continue to refer to the practice of the legal psychiatric report, whereas this method no longer meets the requirements of the modern scientific practice of criminology and is incapable of correctly assessing serious criminal behaviour. [Copyright &y& Elsevier]