SECURITY MEASURES OF MEDICAL CHARACTER (CRIMINAL ASPECT) Cover Image

MERE BEZBEDNOSTI MEDICINSKOG KARAKTERA (KRIVIČNOPRAVNI ASPEKT)
SECURITY MEASURES OF MEDICAL CHARACTER (CRIMINAL ASPECT)

Author(s): Stanko Bejatović
Subject(s): Psychology, Criminal Law, Criminology, Health and medicine and law
Published by: Правни факултет Универзитета у Београду
Keywords: criminal sanctions; Serbia; security measures; medical character; medical institution; mandatory psychiatric treatment; non-institutionalized psychiatric treatment; mental incompetence; expertise;

Summary/Abstract: The subject of the analysis in the paper are the criminal matters of the security measures of medical character. Individually observed, there are several groups of issues discussed in this paper. Firstly, there are general observations on security measures, their concept, type and purpose, both generally, and in the positive criminal legislation of Serbia. When it comes to this group of questions, then, in accordance with the very title of the paper, special attention is paid to the security measures of medical character – to their own concept, types, purpose of pronouncement and imposition, and in particular, two security measures of this character are specifically emphasized (mandatory psychiatric treatment and staying in a health institution and compulsory non-institutional psychiatric treatment). Having finished this, there is an expert-critical (normative and theoretical) analysis of two key security measures in the positive criminal legislation of the Republic of Serbia. From this point of view, the issues discussed in this section are analyzed both in terms of the Criminal Code and the Criminal Procedure Code, as well as from the aspect of the Law on Juvenile Offenders and Criminal Protection of Juveniles, the Law on the Execution of Criminal Sanctions and the Law on the Protection of Persons with Mental Disorders.

  • Issue Year: 2017
  • Issue No: 3
  • Page Range: 315-339
  • Page Count: 25
  • Language: Serbian