BGH: Disease must be determined with "sufficient certainty"
Karlsruhe (jur). The suspicion of a mental illness expressed by a psychiatrist in a report is not sufficient for the ordering of care. This was decided by the Federal Court of Justice (BGH) in Karlsruhe in a recently published decision of October 26, 2016 (Az .: XII ZB 622/15).
In this specific case, an independent taxi entrepreneur has repeatedly filed notices of alleged criminal offenses with authorities such as the Baden-Württemberg State Criminal Police Office, the Federal Office for the Protection of the Constitution and the Federal Foreign Office since April 2014. At the suggestion of the police, who assumed that the man was “obviously delusional about persecution”, the Constance District Court appointed a professional guardian for the taxi operator.
The district court limited the care to a few task groups, but the court nevertheless considered these to be necessary.
The BGH decided that the district court had to make a new decision on the case. Because the court had based on a psychiatric report, in which a psychosis was found on the one hand, but on the other hand only a "suspicion" of the disease was expressed.
However, an expert opinion must "show with sufficient certainty that the prerequisites for the arrangement of care are present," said the BGH. This is not the case with only one suspicion of illness. The district court should therefore have ordered a supplementary assessment. fle / mwo