STATISTICS SHOW WIDE VARIATION AMONG CANTONS IN THE NUMBER OF OFFENDERS DECLARED MENTALLY INCOMPETENT FROM 1942 TO 1973 AND OF OFFENDERS FOUND TO HAVE LIMITED MENTAL COMPETENCE. DIVERGENT TENDENCIES TOWARD LIGHTER SENTENCES CAN BE ATTRIBUTED TO REGIONAL CONCENTRATION OF CERTAIN CRIME TYPES, TO LOCAL TRENDS IN SERIOUS CRIMES, TO REGIONAL DIFFERENCES IN OFFENDERS' PERSONALITIES, AND TO GREATER NUMBERS OF PSYCHIATRISTS IN URBAN AREAS. HOWEVER, REGIONAL DIFFERENCES ARE PROBABLY PRIMARILY THE RESULT OF THE INFLUENCES OF LOCAL TRADITIONS ON THE POLICIES OF INVESTIGATIVE AUTHORITIES AND COURTS. THE PSYCHIATRIST'S ROLE INVOLVES FURTHER INVESTIGATION OF OFFENDERS' BACKGROUNDS AFTER THE BASIC EVIDENCE HAS BEEN GATHERED, STATEMENT OF THE FACTS REGARDING INDIVIDUALS' MENTAL COMPETENCE IN SUCH A WAY THAT THE JUDGE'S DECISION IS NOT MADE FOR HIM, AND RECOMMENDATIONS OUTSIDE THE EXPERT'S AREA OF COMPETENCE WHEN IT IS IN THE INTEREST OF JUSTICE TO EXPRESS AN OPINION ABOUT LEGAL POINTS RELEVANT TO THE QUESTION OF LEGAL COMPETENCE OR TO THE OFFENDER'S PERSONALITY. AS NO EXTERNAL CRITERION FOR DETERMINING MENTAL COMPETENCE IS KNOWN, THE VALIDITY AND RELIABILITY OF THE CONSULTING PSYCHIATRIST'S OPINION ARE EMPIRICALLY QUESTIONABLE. THE EFFECTIVENESS OF PSYCHIATRISTS' REPORTS DEPENDS ON THEIR OBJECTIVE VERACITY AND LINGUISTIC CLARITY. PSYCHIATRISTS' REPORTS ARE NOT USED AS OFTEN AS THEY SHOULD BE, PERHAPS BECAUSE OF THE TENDENCY TO ELIMINATE CRIMINAL LAW FOUNDED ON THE GUILT CONCEPT AND TO CONSULT PSYCHIATRISTS ONLY ABOUT TREATMENT MEASURES, AND BECAUSE OF DOUBTS ABOUT THE PRISON SYSTEM. TABLES AND NOTES ARE PROVIDED. --IN GERMAN. (KMD)