MERE BEZBEDNOSTI PSIHIJATRIJSKOG LEČENJA – PRINUDNO PSIHIJATRIJSKO LEČENJE KAO KRIVIČNA SANKCIJA –
SECURITY MEASURES OF PSYCHIATRIC TREATMENT (COMPULSORY PSYCHIATRIC TREATMENT AS A CRIMINAL SANCTION)

Summary/Abstract: The paper addresses numerous issues of significance for prescribing and implementation of the security measure of compulsory psychiatric treatment and confinement in a medical institution and the measure of compulsory psychiatric treatment at liberty. Certain disputable issues arise with respect to implementation of such security measures, especially in case where the perpetrator of an unlawful act, provided under law as criminal offence, is mentally incompetent, calling for a closer examination in this paper. In addition to provisions of the Serbian Criminal Code (CC), subject to the analysis were relevant provisions of the Criminal Procedure Code CPC), Law on Execution of Criminal Sanctions as well as provisions of other laws applicable to involuntary psychiatric treatment ordered against perpetrators of criminal acts. The paper particularly focuses on two conceptual issues. The first is whether it would be justified to leave ordering security measures of psychiatric treatment against incompetent offenders out of the system of criminal sanctions and to resolve the problem by opting for an involuntary psychiatric treatment which would not have the nature of a criminal sanction. The second issue concerns implementation, more precisely, whether to shut down specialized prison psychiatric hospitals as the principal organizational units in charge of execution. The reasons in favor of an affirmative answer to the forgoing questions, however, are not convincing enough and neither are the experiences gathered in the few European countries opting for alternative concepts, as indicators of possible advantages of such solutions. Indeed, the true results of closing judicial psychiatric hospitals and turning towards an alternative, new implementation system (Italy, for inst.) are yet to be seen.

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