SINCE THE FRENCH REVOLUTION THE PSYCHIATRIST HAS PLAYED AN INCREASINGLY INDISPENSABLE PART IN THE PENAL PROCESS. ACCORDING TO LEGAL PROVISIONS, A MENTALLY ILL OFFENDER MUST BE TREATED RATHER THAN PUNISHED SINCE HE IS NOT RESPONSIBLE FOR HIS ACTION. BY THE SAME TOKEN, THE SANE OFFENDER MAY LEGALLY BE PENALIZED FOR HIS CRIME. BOTH DECISIONS ARE IN THE HANDS OF THE PSYCHIATRIST. AT THIS POINT PSYCHIATRY SHOWS ITS JANUS FACE. ON THE ONE HAND, THE BENEFICIAL INFLUENCE OF PSYCHIATRIC EXPERTS PREVENTS THE INFLICTION OF UNDESERVED PUNISHMENT. IN THE CASE OF THE SANE OFFENDER, HOWEVER, THE PSYCHIATRIST JUSTIFIES AND LEGITIMIZES THE REPRESSIVE FORCES OF SOCIETY. EVEN WHEN THE PSYCHIATRIST ACTS FOR THE BENEFIT OF THE OFFENDER, HIS SERVICE IS PAID BY A DOUBLE STIGMATIZATION: IN PUBLIC OPINION IT IS OBVIOUSLY WORSE TO BE INSANE AS WELL AS IMPRISONED THAN TO BE MERELY IMPRISONED. IN THE NETHERLANDS, PSYCHIATRISTS ARE SIGNIFICANTLY INVOLVED IN THE PRELIMINARY INVESTIGATION, THE TRIAL, PRISON ADMINISTRATION, INSANE ASYLUMS, AND POSTRELEASE PROGRAMS. AT THE END OF THE 1960'S, YOUNG LAWYERS AND PSYCHIATRISTS FROM THE NETHERLANDS BEGAN TO ATTACK THE OVER-INVOLVEMENT OF PSYCHIATRY IN THE PENAL PROCESS--WITHOUT EFFECT. INSTEAD THE TENDENCY TO PUT SOCIAL CONFLICTS INTO THE HANDS OF THE PSYCHIATRISTS HAS EVEN INCREASED--IN MOST CASES OF TERRORISM AND HOSTAGE-TAKING PSYCHIATRISTS ARE ACTIVELY INVOLVED IN THE NEGOTIATIONS. THE LACK OF LEGAL CHANGES AND THE FURTHER EXPANSION OF PSYCHIATRY INTO THE LEGAL SECTOR PROVE THAT PERSISTENT AND ENLIGHTENED CRITICISM ARE MORE THAN EVER REQUIRED. THE ARTICLE INCLUDES A SHORT BIBLIOGRAPHY. --IN FRENCH. (SAJ)