ПРИМЕНА МЕДИЦИНСКИХ ИНТЕРВЕНЦИЈА У КРИВИЧНОМ ПОСТУПКУ
APPLICATION OF MEDICAL INTERVENTION MEASURES IN CRIMINAL PROCEDURE

Summary/Abstract: The intention of international law documents, as well as modern legislature, on human rights, is to reduce, as much as possible, the limitations of rights of the accused which fall into the domain of human rights enacted therein. It is necessary to identify as illegal every limitation of rights and liberties of the accused exceeding the boundaries necessary to ensure the efficiency of the criminal procedure, and to approbate it. To this effect, any kind of medical coercion which can influence the volition of the accused, aimed at the extortion of testimony, is inadmissible.The corporal and moral integrity of the accused can be jeopardized by duress, threat, as well as many different kinds of the psychological and social pressure on the volition of the accused, such as hypnosis, drug-analysis, drug-diagnosis and lobotomy. Therefore, the application of these forms of forensic medicine in criminal procedure must be forbidden. The legal adjustment of DNA analysis will certainly contribute to the protection of the moral and corporal integrity of the accused.

• Details
• Contents