The SOV Regulation: A new criminal code regulation measured against the behavioural sciences

T.I. Oei
2005 European Journal of Psychiatry  
The so-called Psychopath Laws were introduced in The Netherlands at the beginning of the 20th century, with the purpose of ensuring the humane care and detention of disturbed criminals, and in so doing to prepare them for reintegration into society. In practice, however (especially in the early period following implementation of the legislation), all kinds of vagabonds, drunks and tramps were detained in order to bring them in line with the social order of the time -in other words, to keep them
more » ... words, to keep them in custody so that they would no longer constitute a danger to society. These Psychopath Laws became, in fact, an instrument by which nuisance elements could be put behind bars. And once again we meet a similar 'nuisance criteria' in 2002, when the so-called SOV-Regulation came into force. This regulation has been incorporated into legislation governing the Legal Detention of Addicts (known in The Netherlands as the SOV Law), Statute Book 2001, no. 28. There are problems surrounding the question of whether the SOV regulation is actually used solely, or primarily, to put nuisance-element justiciables behind bars. SOV can only be effective if there are enough behaviour-expert arguments to support it. The field of behaviour-expertise is challenged to remain alert whereby justiciables are guaranteed the treatment they need.
doi:10.4321/s0213-61632005000200001 fatcat:ugeckwrberbxrmwgqesapu2wty