Remodelling criminal insanity: Exploring philosophical, legal, and medical premises of the medical model used in Norwegian law

The dangers of using diagnoses outside of established psychiatric nosology in the courtroom: Analysis and discussion of current Swiss legal precedent from a medical perspective

“…According to the SFSC, the legal definition of a severe mental disorder (Articles 59 and 63 SCC) cannot be based solely on medical criteria; the court must place the psychiatric expert findings in relation to the offence. The concept of a severe mental disorder is, in the opinion of the SFSC, functional in nature and the therapeutic measure must improve the legal prognosis (6b_933/2018, E3.5.3).The notion that the definition of the legal concept of a severe mental disorder cannot be based solely on medical criteria likely holds true in a variety of jurisdictions (Gröning, Haukvik, Morse, & Radovic, 2022;Kröber, 2020). Yet, in the SFSC decisions, this has become detached from recognised psychiatric nosology.…”