Court-Ordered Compulsory Psychiatric Care and the Prosecutor’s Control Function

How to Cite

Holst, Øyvind. (2019). Court-Ordered Compulsory Psychiatric Care and the Prosecutor’s Control Function. Bergen Journal of Criminal Law & Criminal Justice, 7(1), 136-147.


The health care system is responsible for the implementation of court-ordered compulsory psychiatric care. In order to ensure that the health care system fulfills the statutory responsibility for crime protection, the legislature has added a control function to the prosecuting authority. Case law shows that the courts place emphasis on this control function in assessing whether court-ordered compulsory psychiatric care is necessary to protect society. This article highlights the prosecution’s legal remedies and professional prerequisites for fulfilling the control function.
Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

Authors who publish with this journal agree to the following terms:

Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.

Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.

Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.

Bergen Open Access Publishing