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Addiction therapy facility; application for recognition
Under certain conditions, offenders addicted to narcotics can be treated in recognized addiction therapy facilities with the aim of overcoming their addiction, with the time spent in these facilities being credited against the sentence ("therapy instead of punishment").
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Regierung von Niederbayern - Sachgebiet 55.2 – Rechtsfragen Gesundheit und Verbraucherschutz
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84028 Landshut
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84023 Landshut
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Description
With the consent of the court of first instance, the enforcement authorities can postpone the execution of a sentence for crimes committed due to a narcotics addiction and punishable by no more than two years' imprisonment if the convicted person goes to a facility that serves to eliminate the addiction or counteract a 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 towards the sentence.
The government of Lower Bavaria is responsible for recognizing such facilities in 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 technical, staffing and spatial requirements.
Requirements
A facility is eligible for recognition as an addiction treatment 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.
- Treatment and care is provided by a sufficient number of specialist staff.
- 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 conceptType of facility (inpatient, day-care or outpatient), therapeutic content, goal and duration of treatment
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Job keySpecialised 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
Fees
An administrative fee will be charged to the applicant, taking into account the amount of time and effort involved and the importance of the matter (Art. 6 Costs Act - KG).
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Related issues
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Addiction counseling for existing or impending addiction problems; utilizationPeople at risk of addiction or suffering from addiction and their relatives can obtain information on the subject of addiction as well as advice, support and help from psychosocial addiction counseling centers, the public health department and general practitioners and specialists.
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Addiction; information on withdrawal treatmentAddiction disorders require psychotherapeutic treatment in a psychosocial and occupational therapy setting.
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Addiction; information on withdrawal treatmentPeople suffering from alcohol, medication or drug addiction can be treated.
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Addiction prevention services; utilization
Addiction prevention efforts are aimed at preventing risky, harmful or addictive behavior and consumption. In addition to avoiding risk factors, health resources and skills should also be strengthened.
Status: 31.10.2024
Editorially responsible for prodecure description: Bayerisches Staatsministerium für Gesundheit, Pflege und Prävention
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