Implementation of Article 110 of the Criminal Code in the Romanian psychiatric system
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159.97+343.95 (1)
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Criminologie. Ştiinţe penale. Criminalistică (926)
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BACILA, Ciprian, TANASE, Mihaela. Implementation of Article 110 of the Criminal Code in the Romanian psychiatric system. In: All together for mental health: trauma and its prices for humanity, 12-15 octombrie 2023, Chişinău. 2023, p. 32. ISSN 2734 – 7443.
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All together for mental health: trauma and its prices for humanity 2023
Conferința "All together for mental health: trauma and its prices for humanity"
Chişinău, Moldova, 12-15 octombrie 2023

Implementation of Article 110 of the Criminal Code in the Romanian psychiatric system

CZU: 159.97+343.95

Pag. 32-32

Bacila Ciprian12, Tanase Mihaela2
 
1 Lucian Blaga University Sibiu,
2 Spitalul Clinic de Psihiatrie “Dr. Gheorghe Preda”, Sibiu
 
 
Disponibil în IBN: 30 ianuarie 2024


Rezumat

The purpose of the security measures according to the Romanian Penal Code is to remove a state of danger and to prevent the commission of the acts provided for by the criminal law. Thus, they are taken against the person who committed an unjustified act provided for by the criminal law, but they can also be taken in the situation where the perpetrator is not punished. The character of the safety measures is one of protection and they can be taken by the judge of the preliminary chamber, following the notification of the prosecutor through the classification order (according to 315 art. paragraph 2 letter C.) or by the court of first instance or of appeal, by decision. The cessation of the medical measure is supported by the decision of the delegated judge of the court, in whose jurisdiction the health facility is located, following a medicolegal psychiatric expertise. The exclusivity of the measure provided by Article 110 of the Criminal Code is given by the fact that it also imposes deprivations and restrictions of fundamental rights, thus conferring the character of a coercive measure in the subsidiary, since, mainly, the aim is to treat the perpetrator's psychological ailments in a preventive environment.