Detention at the Government's pleasure (tbr) can be imposed by the judge on mentally disturbed delinquents. This measure, provided by the Dutch Criminal Code, leads to forensic psychiatric hospitalization. For the improvement of the position of tbr-detainees, raising its legal level is a necessary but not a sufficient condition. These detainees are regarded in relation to the judicature, therapists and clinical personel, public opinion, their fellow-detainees and politicians. Some principles of regulating a legal position for tbr-detainees are formulated. Pros and cons are examined. The unfixed duration of the measure hampers the clear determination of a legal position. Other conditions for improvement are better (therapeutic) facilities and adequate information.