Addiction therapy facility; application for recognition.
Under certain conditions, offenders addicted to narcotics can be treated in recognized addiction therapy facilities in lieu of imprisonment ("therapy instead of punishment") with the aim of overcoming the addiction disease.
Description
In the case of criminal acts committed as a result of addiction to narcotics and punishable by not more than two years' imprisonment, the enforcement authorities may, with the consent of the court of first instance, defer execution of the sentence if the convicted person goes to a facility designed to eliminate the addiction or to counteract renewed addiction ("therapy instead of punishment"). If the treatment is carried out in a state-recognized facility after the sentence has been deferred, the time spent in treatment can generally be credited against the sentence.
The Government of Lower Bavaria is responsible for recognizing such facilities throughout Bavaria.
Inpatient, semi-inpatient and outpatient addiction treatment facilities in Bavaria are eligible for recognition, provided they provide rehabilitation treatment for addicts and meet the professional, staffing and spatial requirements.
Prerequisites
A facility is eligible for recognition as an addiction therapy facility within the meaning of §§ 35, 36 BtMG under the following conditions:
- The addiction therapy treatment is carried out according to a scientifically recognized concept.
- The treatment and care is provided by qualified personnel in sufficient numbers.
- The premises are suitable for the implementation of the therapy concept and are equipped accordingly.
- Reliability of the head of the facility.
- Cooperation of the facility with the enforcement authorities in accordance with Section 35 (4) BtMG is guaranteed.
Required documents
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Addiction therapy treatment concept
Type of facility (inpatient, day-care or outpatient), therapeutic content, goal and duration of treatment
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Job key
Specialised personnel (doctors, psychologists, social workers or social pedagogues) with sufficient qualifications in sufficient numbers
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Certificate of good conduct of the head and written declaration of cooperation with the enforcement authorities pursuant to Section 35 (4) BtMG
Status:19.07.2023
Responsible for editing:Bayerisches Staatsministerium für Gesundheit und Pflege
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