The involuntary commitment of mentally unstable offenders has experienced a great developement in the past 250 years. The question, how the developement from the Constitutio Criminalis Theresiana to modern criminal law looked like, what became a cornerstone in the history of the developement and in what context this is seen to legal, social and economical aspects, is put into question. In Order to realize the influence of the different criminal laws on the developement of the involuntary commitment, the Constitutio Criminalis Theresiana, the Josephinisches Strafgesetz, the Strafgesetz 1803 and the one from 1852 as well as our actual criminal law are being studied. Furthermore, the time during nationalsocialist control and it's relation to the treatment of mentally unstaible offenders is surveyed. Concluding, the actual situation gets examined and a conclucion is drawn between similar problems in past and present. Also ideas of improvements, either regarding the commitement and treatment either the wording of the law and legal policy, are an issue.