ACCORDING TO EAST GERMAN LAW, THE RESPONSIBILITY OF AN OFFENDER FOR HIS CRIME CAN ONLY BE WAIVED FOR INVOLUNTARY PSYCHIATRIC REASONS; THE INDIVIDUAL IS THEN REQUIRED BY LAW TO UNDERGO PSYCHIATRIC TREATMENT. AN INDIVIDUAL IS CONSIDERED INCOMPETENT IF HE FAILS TO RECOGNIZE THE PURPOSE OF ACCEPTED BEHAVIOR, OR IF HE UNDERSTANDS THE REASONS FOR THE NORMS BUT IS UNABLE TO COMPLY. WHETHER INCOMPETENCE IS PATHOLOGICAL OR DEVELOPMENTAL IN ORIGIN AND WHAT THE LIMITS OF PSYCHIATRISTS' REPORTS SHOULD REMAIN CONTROVERSIAL. CONDITIONS WHICH JUSTIFY DECLARATION OF INCOMPETENCE ARE MENTAL RETARDATION, ORGANIC AND INORGANIC MENTAL ILLNESS, DISTURBANCES OF CONSCIOUSNESS, ESPECIALLY FROM MISUSED MEDICATIONS, PATHOLOGICAL INTOXICATION, AND FITS OF PASSION. PARTIAL COMPETENCE CAN ALSO BE PRONOUNCED UNDER THESE CONDITIONS, AS WELL AS IN THE CASE OF ABNORMAL PATHOLOGICAL PERSONALITY DEVELOPMENT. DETERMINATION OF ABNORMAL DEVELOPMENT IS PARTICULARLY DIFFICULT IN INSTANCES OF SEXUAL DEVIANCE AND ANTISOCIAL BEHAVIOR. EXPERT PSYCHIATRIC OPINIONS MUST ESTABLISH THE DEGREE OF MENTAL COMPETENCE, ASSESS THE CONDITIONS WHICH LED TO THE ACT, AND PROVIDE INFORMATION FOR APPROPRIATE THERAPEUTIC, SENTENCING AND PEDAGOGICAL MEASURES. THE REPORT SHOULD CONTAIN A PERSONALITY ASSESSMENT AND ANALYSES OF MOTIVATIONS, DECISION PROCESSES, AND PSYCHOLOGICAL ASPECTS OF THE DEED. THE TYPE OF THERAPEUTIC INSTITUTION PRESCRIBED IS DETERMINED BY THE CLINIC DIRECTOR ACCORDING TO SUGGESTIONS OF THE EXPERT; COOPERATION WITH THE WORK COLLECTIVE AND POSTRELEASE THERAPY ARE RECOMMENDED. THE FORENSIC PSYCHIATRIST MUST THUS GRASP THE LAW AND THE NATURE OF JUDGES' LEGAL DECISIONS, WHILE EXERCISING RESTRAINT IN EXPRESSING OPINIONS WHICH DIVERGE FROM EXISTING LAW. A BIBLIOGRAPHY IS SUPPLIED. --IN GERMAN. (KMD)