New UGP publication: Sentencing Mentally Disordered Offenders

The book Sentencing Mentally Disordered Offenders: comparing provisions in Türkiye, England and Wales, and the Netherlands to the ECHR framework is now available online and open access at University of Groningen Press (UGP).

The book is written by Candan Yilmaz.

About the book

This publication offers a unique comparative analysis of the sentencing of mentally disordered offenders in Türkiye, England and Wales, and the Netherlands, exploring the alignment of these systems with the European Convention on Human Rights (ECHR).

The complex sanctioning system in Türkiye faced substantial challenges due to the absence of secure forensic psychiatric facilities until 2018. Despite legal mandates, mentally disordered offenders were often either released or unlawfully detained in prisons, creating a prolonged gap between law and practice. The research highlights how the situation evolved and assesses the lingering issues, which were exacerbated by delays during the COVID-19 pandemic.

In order to contextualize the criminal justice system of Türkiye, comparisons are drawn with the criminal justice systems of the Netherlands and England and Wales, two jurisdictions which have distinct and unique frameworks for mentally disordered offenders. The eminent TBS (terbeschikkingstelling) system of the Netherlands and the bifurcated sentencing approach in England and Wales provide valuable points of reference.