Tokens: 103
.
In
practice
,
courts
regularly
conclude
that
the
institution
has
offered
adequate
treatment
but
the
detained
person
has
not
accepted
the
offer
.
The
detained
person
in
total
institutions[275
]
is
not
on
an
equal
footing
in
terms
of
proving
whether
it
was
due
to
the
institution
and
not
him
or
her
that
therapy
had
been
insufficient
.
According
to
empirical
evidence
from
the
time
before
the
introduction
of
Article
66c
of
the
Criminal
Code
,
the
institutions
regularly
shifted
responsibility
towards
the
prisoners
.
Since
no
safeguard
exists
with
regard
to
the
burden
of
proof
,
it
can
not
be
ruled
out
that
this
is
still
often
the
case
today
.
In
any
event
,
the
lack
of
credible
statistical
evidence
can
not
be
used
against
the
prisoners.[276
]
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