scholarly journals УСТАНОВЕ ЗА ИЗВРШЕЊЕ МЕРЕ БЕЗБЕДНОСТИ - ОБАВЕЗНО ПСИХИЈАТРИЈСКО ЛЕЧЕЊЕ И ЧУВАЊЕ У ЗДРАВСТВЕНОЈ УСТАНОВИ/INSTITUTIONS FOR THE EXECUTION OF THE SECURITY MEASURE  COMPULSORY PSYCHIATRIC TREATMENT AND CONFINEMENT IN A MEDICAL INSTITUTION

TEME ◽  
2017 ◽  
pp. 1441
Author(s):  
Дарко Димовски ◽  
Миомира Костић ◽  
Иван Милић

Compulsory psychiatric treatment and confinement in a medical institution is one of the security measures that may be ordered for the offender in the criminal procedure and it is also the only criminal sanction of indefinite length. After the sentence is pronounced the execution of the measure follows. The execution of criminal sanctions is regulated by the Law on Execution of Criminal Sanctions, which remains vague in regard to this measure. The authors of this work attempt to find an answer to the seemingly simple but in fact very complicated question: where is this measure to be executed?

Temida ◽  
2007 ◽  
Vol 10 (3) ◽  
pp. 39-46
Author(s):  
Natasa Mrvic-Petrovic

In penal law, persons with mental disorders most often receive attention as potential perpetrators of criminal acts. Persons who commit unlawful act provided under law as a criminal offence in the state of mental incompetence are subjected to a primary sanction - security measure of compulsory psychiatric treatment and confinement in a medical institution. This measure, as well as the security measure of compulsory psychiatric treatment at liberty may be also ordered to a person who committed a criminal offence in a state of substantially impaired mental capacity. In the new Serbian Penal Code 2005 few changes has been done respecting the conditions for imposing the security measures of compulsory psychiatric treatment and confinement in a medical institution and compulsory treatment at liberty, even though these provisions needed to be brought into accord with the changed concept of guilt. Especially, these changes are not properly expressed in the new Code of Criminal Procedure (special procedure for application of security measures). It is therefore even more distinct the contradictory position of a mentally incompetent person accused of a crime. One way of solving this issue, supported by the author, includes a separate legislation on protection of persons with mental disorders (including those persons who, in the state of mental incompetence, commit unlawful acts provided under law as criminal offences). The position of persons in the state of substantially impaired mental capacity does not need necessarily to be changed, since their guilt is not excluded. The entire complexity of protection of these persons? human rights is additionally pointed out in the section referring to execution of security measure of compulsory treatment and confinement in a medical institution, which naturally includes deprivation of liberty and compulsory psychiatric treatment.


Jurnal Hukum ◽  
2016 ◽  
Vol 31 (1) ◽  
pp. 1592
Author(s):  
Hanafi Amrani

AbstrakArtikel ini membahas dua permasalahan pokok: pertama, kriteria yang digunakan oleh pembentuk undang-undang di bidang politik dalam menetapkan suatu perbuatan sebagai perbuatan pidana (kriminalisasi); dan kedua, fungsi sanksi pidana dalam undang-undang di bidang politik. Terkait dengan kriminalisasi, undang-undang di bidang politik yang termasuk ke dalam hukum administrasi, maka pertimbangan dari pembuat undang-undang tentu saja tidak sekedar kriminalisasi sebagaimana diatur dalam ketentuan hukum pidana dalam arti sebenarnya. Hal tersebut disebabkan adanya pertimbangan-pertimbangan tertentu. Pertama, perbuatan yang dilarang dalam hukum pidana administrasi lebih berorientasi pada perbuatan yang bersifat mala prohibita, sedangkan dalam ketentuan hukum pidana yang sesungguhnya berorientasi pada perbuatan yang bersifat mala in se. Kedua, sebagai konsekuensi dari adanya penggolongan dua kategori kejahatan tersebut, maka pertimbangan yang dijadikan acuan juga akan berbeda. Untuk yang pertama (mala prohibita), sanksi pidana itu dibutuhkan untuk menjamin ditegakkannya hukum administrasi tersebut. Dalam hal ini sanksi pidana berfungsi sebagai pengendali dan pengontrol tingkah laku individu untuk mencapai suatu keadaan yang diinginkan. Sedangkan untuk yang kedua (mala in se), fungsi hukum pidana dan sanksi pidana lebih berorientasi pada melindungi dan mempertahankan nilai-nilai moral yang tertanam di masyarakat tempat di mana hukum itu diberlakukan atau ditegakkan. Kata Kunci: Kebijakan, Kriminalisasi, Undang-Undang PolitikThis article discusses two main problems: firstly, the criteria used by the legislators in the field of politics in determining an act as a criminal act (criminalization); secondly, the function of criminal sanctions in legislation in the field of politics. Associated with criminalization, legislation in the field of politics that is included in administrative law, the consideration of the legislators of course not just criminalization as stipulated in the provisions of criminal law in the true sense. This is due to certain considerations. Firstly, the act which is forbidden in the administration of criminal law is more oriented to act is malum prohibitum offences, whereas in actual criminal law provisions in the act are mala in se offences. Secondly, as a consequence of the existence of two categories of classification of the crime, then consideration will also vary as a reference. For the first (mala prohibita), criminal sanctions are needed to ensure the enforcement of the administrative law. In this case the criminal sanction serves as controller and controlling the behavior of individuals to achieve a desired state. As for the second (mala in se), the function of criminal law and criminal sanctions is more oriented to protect and maintain the moral values that are embedded in a society where the law was enacted or enforced.


2017 ◽  
Vol 41 (S1) ◽  
pp. S588-S588
Author(s):  
P. Misic

The medical security measures in the Republic of Serbia include:– mandatory psychiatric treatment and confinement in a medical institution;– mandatory psychiatric treatment at liberty;– mandatory treatment of alcoholics and;– compulsory Drug Addiction Treatment.The aim of this presentation is to explain how the medical security measures are implemented in the Republic of Serbia. The methods used in this study are analysis and synthesis of the implementation of security measures in the Republic of Serbia based on many years of practical work in forensic centre for the implementation of security measures. By duration of medical security, measures may be twofold:– of unlimited duration, when the offender is undergoing medical treatment and keeping in a medical institution, while there is a need for treatment, or until there is no threat to the environment (the length of time is difficult to determine, however, that the most common word on the permanent indefinite treatment and storage required special caution and detailed analysis of all the elements relevant for this decision).– limited duration, where the duration of treatment is determined by the court and to no longer than three years as provided in the current The Criminal Code of the Republic of Serbia.The basis of every civilized society make the legal and moral norms governing the relations within the community, and thus regulate and protect their most essential element – the man – his physical and psychological integrity.Disclosure of interestThe author has not supplied his/her declaration of competing interest.


Author(s):  
Dragan Jovašević

In 2008, the Republic of Serbia adopted a special Law on Liability of Legal Persons for Criminal Offenses. In doing so, on the basis of the international standards contained in the relevant international documents, it joined a large number of countries that introduced criminal liability of legal persons for crimes committed in addition to their responsible persons at the end of the 20th century. For legal persons, the law prescribed a disparate system of criminal sanctions in response to the state-society’s response to such unlawful and punishable conduct. The system of criminal sanctions in the law of the Republic of Serbia includes: penalties, probation and security measures. The law defined the concept, character, legal nature, manner, procedure, pronouncement and execution of criminal sanctions, whose characteristics this particular work speaks of.


2017 ◽  
Vol 9 (2) ◽  
pp. 104
Author(s):  
Liza Agnesta Krisna

The purpose of this study was to determine the sanction of criminal law to the father as the perpetrator of rape according to Law No. 35 of 2014 on the Amendment of Act No. 23 of 2002 and Qanun No. 6 of 2014 on the Law Jinayat and analysis of Court Decision shar ' Yeah Langsa No. 05 / JN / 2016 / MS. The method used in this research is the analysis of the content or the content analysis, which uses secondary data research that is in-depth discussion of the content of a written document from the book and other scientific papers relevant to criminal law arrangements. But in this study also used the sociological method / empirical to do an interview to one Syar'iyah Court judges. The conclusion is that there is a difference writings criminal sanctions in Law No. 35 of 2014, with Qanun No. 6 of 2014. The criminal sanction in Qanun No. 6 of 2014 was lower than in Act No. 35 of 2014 which is the legal umbrella of safeguards against child.<br /><br /><br />


2019 ◽  
Vol 6 (1) ◽  
pp. 226-254 ◽  
Author(s):  
Miha Hafner

Abstract This paper presents a study that analyses all available homicide trials in Slovenia between 1991 and 2015 for neuro-evidence. Almost every fifth case discusses neuroscience. The most prevalent type of neuro-evidence is neuro-psychological testing, less common are structural neuroimaging and electroencephalography, while we discovered no use of functional neuroimaging. The two largest categories of neurological conditions suffered by defendants are traumatic brain injury and brain damage due to long-term alcohol and drug abuse. When presented, neuro-evidence affected courts’ decisions in 85% of trials (15% of all tried homicide cases) and had an impact on the criminal sentence or another outcome of the trial in 79% of cases. By far most often neuro-evidence affects decisions regarding criminal capacity, ie insanity and (substantially) diminished capacity, which, in turn, strongly reflects in criminal sanctions. Neuroscience information is typically used to mitigate or even reduce the sentence, but never as an aggravating circumstance. It is also frequently utilized to support decisions about medical security measures (compulsory psychiatric treatment). This study further suggests that the double-edged sword of neuroscience is an elusive concept and that the mechanism by which neuroscience affects courts’ decisions in civil-law systems is different from the one in common-law jurisdictions.


Author(s):  
Noercholis Rafid ◽  
Saidah Saidah

This paper aims to determine the criminal acts of children along with criminal sanctions given as preventive measures. By using qualitative data and through juridical and theological normative approaches it was found the conclusion is criminal acts of children are acts carried out contrary to the Law contained in the Criminal Code. The cause of child delinquency is caused by internal factors, namely family and external, namely environmental conditions. In jurisprudence jurisprudence there is no criminal sanction against the child for the crime he committed, because he is considered not yet competent legally, but a judge is allowed to sanction educational actions so that the child can be better. Criminal violations committed by a child who is faced with the law should be charged to his parents or handed over to the state to be sanctioned in the form of guidance. This is because minors have not yet been forgiven.


Temida ◽  
2006 ◽  
Vol 9 (1) ◽  
pp. 55-59 ◽  
Author(s):  
Natasa Mrvic-Petrovic

The author is particularly emphasizing peculiarities of the provision on community service as a main penalty (which is foreseen together with the fine and the prison). This solution requires not only the profound regulations in the Law on the execution of the criminal sanctions, but also a careful creation of the by-laws. In the paper, particular attention is paid to the new solutions in the Law on the execution of the criminal sanctions, which aim is to enable the implementation of the community service and the conditional sentence with the protective surveillance. The author states that previous changes of the Criminal Procedure Code, which introduced the principle of opportunity in prosecuting, made a basis for taking victim?s interests related to the redress more into account while starting the prosecution. However, the possibility of using the redress as a basis for the elimination/diversion of the criminal procedure is still not used in an appropriate way in the practice.


2021 ◽  
Vol 2 (2) ◽  
pp. 255-260
Author(s):  
Kadek Agus Indra Ana Putra ◽  
I Nyoman Gede Sugiartha ◽  
Luh Putu Suryani

The criminal act of embezzlement and fraud committed by deducting the Covid-19 social assistance funds, specifically the provisions in article 372 of the Criminal Code. Meanwhile, fraud is regulated in Article 378 of the Criminal Code. This research focuses on criminal or legal sanctions against the perpetrators of cutting Covid-19 social assistance funds based on the law, namely the Criminal Procedure Code (KUHP). The purpose of this research is to regulate legal sanctions against perpetrators of Covid-19 social assistance fund cutters. It applies the normative legal method by using a conceptual and a case approach.. The sources of legal materials used are primary, secondary and tertiary sources of law. The technique of collecting legal materials is done by recording, quoting, reading, and summarizing the literature related to the formulation of the problem which is then analyzed systematically. The result of the research shows that the criminal sanctions against the perpetrators of cutting Covid-19 social assistance funds based on the Criminal Procedure Code (KUHP), are regulated in article 372 of the Criminal Code for embezzlement, while fraud is subject to article 378 of the Criminal Code. The perpetrator was charged in accordance with Article 372 regarding embezzlement and Article 378 of the Criminal Code regarding the criminal act of fraud.


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