Măsurile de siguranţă și măsurile de constrângere cu caracter medical: concept, trăsături, clasificare și procedura de aplicare
Securit and coercive medical measures: concept, characteristics, classification, and procedure for application

Summary/Abstract: The article analyzes the legal regime of security measures in criminal law, highlighting their nature as autonomous instruments of social prevention and their essential differences from criminal penalties. Security measures, regulated by the Criminal Code, are grounded in the existence of a concrete and current state of danger, distinct from the social danger inherent in the offense, and may be ordered both during criminal proceedings and independently, in the absence of a criminal penalty, if the legal conditions are met. The study emphasizes the preventive nature of these measures and the constitutional and conventional basis for the temporary or permanent restriction of certain fundamental rights, particularly in cases of medical confinement or compulsory treatment. It details the criteria for applicability, differences from classic criminal sanctions, their application in the context of excluding criminal liability, as well as the role of the principle of legality in shaping this special punitive framework. Furthermore, the procedural implications of provisionally ordering security measures are analyzed, as well as the distinctions between these and educational or procedural preventive measures, and the specific aspects of their enforcement in relation to the duration of the dangerous state. The article contributes to clarifying the systematic position of security measures within the broader framework of criminal sanctions and to supporting a coherent and proportionate application of these measures in light of the rule of law and the standards of the European Court of Human Rights.

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