Mere bezbednosti medicinskog karaktera prema neuračunljivim licima u sistemu krivičnih sankcija - nedostaci u srpskom zakonodavstvu i moguća alternativa
Medical security measures against mental incompetent persons in the system of criminal sanctions - deficiency in the Serbian legislation and possible alternative

Author(s): Anđela Bogojević
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Public Law, Evaluation research, Health and medicine and law
Published by: Fondacija Centar za javno pravo
Keywords: Serbia; medical security measures; mental incompetent persons; criminal sanctions; legislation; criminal law; evaluation;
Summary/Abstract: Because of its specific nature, medical security measures do not cease to be a subject of study. This makes this topic especially interesting, and that is the reason why it deserves to be the subject of consideration and the possible finding of a different solution than the one that is present in the effective legislation. In the Paper, the position of medical security measures in Serbian criminal legislation has been analyzed. The purpose of the existence of medical security measures as criminal sanctions is explained as well as the certain provisions that would lead to the migration of these measures into the domain of a special law. Consequently, a solution which is conceived on a different approach was offered and the possibility of accepting the same into our legislation is considered. This analysis leads to the conclusion that our legislation is far from the one that regulates the treatment of mental incompetent persons in the domain of social measures and that security measures, as criminal sanctions are widely used in the criminal system of the Republic of Serbia. For this reason, in order to implement medical security measures more effectively and therefore to improve the effectiveness of the treatment of mental incompetent persons, it is necessary to redefine the existing terms and conditions and to determinate certain situations with additional provisions - all with the needed help of the adequate treatment of judicial authorities.

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