Citation

Hartvig P, Rosenqvist R, Stang HJ. Tidsskr. Nor. Laegeforen. 2003; 123(13-14): 1831-1834.

Vernacular Title

Bevisstloshet i strafferettslig forstand i Norge 1981-2000.

Affiliation

Kompetansesenter for sikkerhets-, fengsels- og rettspsykiatri for Helseregion Øst og Helseregion Sør, Aker universitetssykehus, 0320 Oslo. paal@hartvig.net

Copyright

(Copyright © 2003, Norske Laegeforening)

DOI

unavailable

PMID

12830256

Abstract

BACKGROUND: Automatism in criminal cases is a medical, legal and ethical challenge in most countries, as it often leads to acquittal in criminal cases. In Norway it is also a semantic problem; the term "unconsciousness" is used in criminal law in a meaning that differs from its normal sense of coma. MATERIAL AND METHODS: In the years 1981-2000 the conclusion "unconsciousness"/automatism was reached in 42 cases by forensic psychiatrists. We have scored their assessments regarding demographic, social, criminological and psychiatric variables in the felons. RESULTS: The main reasons for concluding that automatism was present were: toxic (mainly alcohol) in 64%, psychogenic in 24%, and organic in 12% of the cases. The two most frequent crimes in the sample were manslaughter (29%) and intoxicated driving (21%). In 33% of cases the court did not return an acquittal based on automatism. In 29 % of the cases we disagree with, and in a further 36% we are in doubt about, the conclusions reached by the forensic psychiatrists. INTERPRETATION: Many assessments were of insufficient quality; this may give rise to questions regarding equal treatment under criminal law. We propose some changes that are called for to Norwegian legislation and practice in the field.

Language: no