Sinteza modificărilor legislative operate prin Legile nr. 201/2023 și nr. 214/2023 în materia internării medicale provizorii și a măsurilor asiguratorii
Synthesis of the legislative changes made by the Laws No 201/2023 and No 214/2023 in the matter of temporary medical detention and of the precautionary measures

Summary/Abstract: This study examines the way the lawmaker has re-framed the procedural legal rules to enforce the obligation to carry out a forensic psychiatric expertise prior the request of an order for temporary medical detention, as well as the practical deadlock that may arise as a result of such an imposition. It also examines how the application of the rules concerning the conduct of such an expertise has been standardized, as well as the role of the doctor assisting the suspect or the defendant in these judicial proceedings. The procedure applicable to revoke or replace the temporary medical detention, newly introduced by the Law No 214/2023, is also highlighted.With regard to conservatory seizure, it is analysed how the Laws No 201/2023 and No 214/2023 regulated the power of the preliminary chamber judge to order the capitalization of seized assets, and the appeal against decisions of the preliminary chamber judge or the court in the matter of the capitalization of seized assets.

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