Поступак за изрицање мјера безбједности обавезног психијатријског лијечења у кривичном поступку Републике Српске
Procedure for Imposing Security Measures of Mandatory Psychiatric Treatment in the Criminal Procedure of the Republika Srpska

Author(s): Mladenka Govedarica
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Clinical psychology
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Criminal act; Offender Proceedings; Criminal liability; Insanity;
Summary/Abstract: The Criminal Code of the Republika Srpska from 2017 prescribes nine security measures as criminal sanctions that can be imposed after the conducted criminal procedure. Among them, security measures of obligatory psychiatric care and treatment in a health institution or at large have an extremely important place. Criminal sanctions are imposed after it has been established in the evidentiary procedure at the main trial that the person committed an illegal act in a state of insanity. Although there is a lack of a subjective component which, in addition to the objective one, requires that an action be characterized as a criminal offense, it is quite clear that it is necessary for society to react through the courts to persons who have entered the field of criminal law disorders. The criminal procedure legislation of BiH differently prescribes the type of court decision which imposes the said security measures. In the legislation of the Republika Srpska, these measures are imposed in the form of a decision when it is proven that the person was insane at the time of the crime (without time limit, with justification being examined every nine months), while in the rest of the BiH legislation in case of proven insanity a verdict is pronounced establishing that the accused has committed an illegal act in a state of insanity, and than the special decision is issued ordering temporary involuntary placement in a health institution for a period of six months. In addition to differences in the type of decision, all persons in BiH who were sentenced to security measures are placed in the Institute for Forensic Psychiatry - Sokolac and it is the only institution of this type in the territory of BiH. The institution of this type provides adequate psychiatric treatment for these persons in BiH, which is in line with European Convention on Human Rights and Fundamental Freedoms.

• Details
• Contents