Psychiatric laws under fire: Does Bavaria have to take tougher action?

Psychiatric laws under fire: Does Bavaria have to take tougher action?

In the current debate about the accommodation of mentally ill criminals in Bavaria, the focus is primarily on the recent violent incidents, which reached fatal proportions. A psychiatrist from Würzburg, Dominikus Bönsch, as medical director of the Center for Mental Health and head of the Lohr District Hospital, expresses his concerns about the current legal situation. What is particularly worrying is the fact that the perpetrators of the knife attacks in Würzburg and Aschaffenburg could not be permanently accommodated in psychiatric hospitals due to the existing legal framework, which Borkener Zeitung reports.

The first incident, which happened on June 25, 2021, could not have been more serious: a mentally ill Somalian randomly attacked passers-by in Würzburg, causing three deaths and nine injuries. He was committed to psychiatric care for an indefinite period in July 2022. The second incident occurred on January 22, 2025 in Aschaffenburg, where an Afghan killed a two-year-old boy and a 41-year-old man with a knife and seriously injured three other people. The background is complex, as the perpetrator was treated several times by psychiatric hospital before the attacks and apparently also used drugs. A security measure against him will begin on October 16th in the Aschaffenburg regional court.

Legal gaps and necessary changes

Dominikus Bönsch's assessment is unmistakable: he criticizes the Bavarian Mental Health Assistance Act (PsychKHG) and calls the regulations for further treatment of patients problematic. The hurdle for accommodation is quite low, while the requirements for compulsory treatment are considerably higher. Prime Minister Markus Söder announced consequences after the incidents by declaring that he wanted to “harden” the PsychKHG. However, concrete steps towards implementation are still pending. This is also reported by n-tv.

In view of the problems, the Bavarian Interior Minister Joachim Herrmann called for a review of the discharge criteria from psychiatric hospitals. This situation is alarming, as around 20,000 people are admitted to psychiatric care every year, with around 8,000 considered to be a danger to others. The last alleged attacker had a legal guardian and was receiving medication for his mental illness. The idea of ​​deporting foreign criminals directly from psychiatric hospitals is also being discussed.

Public reactions and outlook

The incidents in Würzburg and Aschaffenburg have reignited the public discussion about the safety and legal framework for accommodating mentally ill people. The pressure on political decision-makers is increasing to find solutions that meet both the interests of society and the needs of those affected. At a time when nothing less than safety and laws are at stake, those responsible now have a duty to develop sustainable regulations. The debate about the reform of the PsychKHG will certainly take some time and should also be followed carefully in Cologne.