|Opis:||Lately, there have been significant changes in the criminal legislative area in both Republics, Slovenia and Croatia. In this context, great shifts have been brought about also in the field of medical safety measures. In my diploma thesis, attention is focused on the issue of enforcement the measure of compulsory psychiatric treatment in Slovenia and Croatia. The trend emerging in both countries tends to transpose the measures of therapeutic nature from the field of criminal law into civil law, implying that the persons with mental disorders who committed elements of certain criminal offence should be dealt in accordance with the provisions regulating the field of mental health. While presenting the experiences from both countries with the aforementioned ‘’undertaking’’, I am trying to determine which field of law may deal most appropriately and efficiently with the mentally disordered offenders, impose a sanction of therapeutic nature - including the measure of compulsory psychiatric treatment, and oversee the execution thereof.
A brief historical overview shows the origin and evolution of therapeutic safety measures, focusing on the measure of compulsory psychiatric treatment. Concurrently, slightly greater attention is paid to the history of these measures in the territory of the former Yugoslavia.
In the follow-up are highlighted some general notions that are indispensably related to the topic referred to herein, such as the general notion and the purpose of the measure ‘compulsory psychiatric treatment’. Also the notion ‘criminal offence’, the notion and principle of ‘guilt’, since these institutes (above all, the guilt conception) have a significant influence on the regulation of safety measures, as well as imposing the admissibility thereof. Reference is also made to the offender’s danger which is a criterion for applying the measure discussed. This section concludes with the proportion between the measure of compulsory psychiatric treatment and the sanction.
The central part of the diploma thesis consists of two chapters on the execution of the measure of involuntary psychiatric treatment in Slovenia and Croatia. It opens with the description of the Slovenian regulation enacted in the Criminal Code 1994, through a short removal of medical security measures from the scope of criminal law upon the adoption of KZ-1 (Criminal Code amendment) in 2008, till the restitution of these measures to the criminal law by way of the act amending the Criminal Code KZ-1B in 2011. In the course of that I pointed to the problematic issues of the new regulation and the resulting legal vacuum, and focused on illustrating both measures of compulsory psychiatric treatment, which were, as accomplished and improved, "restituted" to the Slovenian Criminal Code. The terms required for the application of the respective measures, the procedure and execution under the provisions of the statutory instruments and the Mental Health Act are further presented.
I conclude with the presentation of the enforcement of the compulsory psychiatric treatment measures in the neighbour country of Croatia, which started to apply a civil model for treating the non-responsible offenders with effect from 1998. The measure of compulsory psychiatric treatment against this category of offenders is no longer a penal sanction: instead, it is executed under the law regulating mental health and thus their legal position belongs to the domain of civil law. However, the safety measure of compulsory psychiatric treatment of offenders with essentially diminished responsibility remains in the scope of criminal law and represents a sanction of criminal law. That transition did not escape polemics and difficulties for our neighbours: therefore, I highlighted their experiences with these comprehensive changes. Moreover, the Croatian criminal law system has recently undergone a new reform bringing improvements to the scope of therapeutic safety measures too, and a new bill on mental health is being prepared. |