REFLECTIONS ON DETENTION SECURITY MEASURES FOR PSYCHIATRIC OFFENDERS IN REMS

Abstract

Laws 81/2014 and 9/2012 regulate the progressive overcoming of the Judicial Psychiatric Hospitals (O.P.G.) and the consequent opening
of the Residences for the Execution of Security Measures (R.E.M.S), thus advancing an inevitable reform to limit the duration of the security
measure within the maximum legal limit, and to put before the requirement and the claim of treatment before to the custodial
concept. However, these two fundamental conditions have concealed what should have been a thorough psychiatric-forensic analysis for
the identification of an organizational model based on clinical evidence. An accurate critical analysis of the current normative framework
must face the problem of the structural model of the REMS for the management of the different degrees of violence that an infirm
subject can carry out, the problem of the insufficiency of beds and the variability in the application of measure safety.
Therefore, the purpose of this work is to discuss some problems that we consider should be examined by the scientific community, underlining
also the necessity of a new dialectical institutional phase to propose a different clinic-forensic model based on the scientific evidence
obtained in this first period of evaluation.