SECURITY MEASURES OF A MEDICAL NATURE IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF SERBIA

Abstract

The subject of this scientific work is the legally prescribed security measures of a medical nature in the criminal legislation of the Republic of Serbia, which, objectively speaking, deeply intrude into the domain of human rights. Out of a total of eleven prescribed security measures, four security measures are of a medical nature: mandatory psychiatric treatment and custody in a health facility, mandatory psychiatric treatment at liberty, mandatory treatment of drug addicts and mandatory treatment of alcoholics. Security measures are a type of criminal sanctions that are imposed on the perpetrator of a criminal act with the purpose of eliminating conditions or conditions that may influence him not to commit criminal acts in the future. These are preventive measures that equally affect the risk of a sane perpetrator of a criminal offense not to commit a criminal offense again, as well as an insane offender not to repeat an illegal act that is prescribed as a criminal offense in the criminal law. The paper points out the legal regulation of medical safety measures in the criminal legislation of the Republic of Serbia, as well as the shortcomings of the existing legal framework. In the final considerations, de lege ferenda proposals were given with the aim of improving the overall system of medical security measures.