The aim of this paper is to present a solution to a problem that arises from the fact that people who commit crimes under the influence of serious mental disorders may still have a capacity to refuse treatment. Several ethicists have argued that the present legislation concerning involuntary treatment of people with mental disorder is discriminatory and should change to the effect that psychiatric patients can refuse care on the same grounds as patients in somatic care. However, people with mental disorders who have committed crimes and been exempted from criminal responsibility would then fall outside the scope of criminal justice as well as that of the psychiatric institutions if they were to refuse care. In this paper, I present and develop a solution to how society should deal with this group of people, called Advance criminal responsibility. The basic idea being that if a person with a potentially responsibility exempting psychiatric condition refuses care, that person is responsible for any future criminal acts which are due to the mental disorder.

本文的目的是提出一个问题的解决方案，该问题源于在严重精神障碍影响下犯罪的人可能仍然具有拒绝治疗的能力。一些伦理学家认为，目前关于精神障碍患者非自愿治疗的立法具有歧视性，应该改变为精神病患者可以以与躯体护理患者相同的理由拒绝护理。但是，已经犯罪并被免除刑事责任的精神障碍患者，如果拒绝治疗，则不属于刑事司法和精神病院的范围。在本文中，我提出并制定了一个解决方案，以解决社会应如何处理这类人的问题，称为提前刑事责任。