Difficulties in framing articles no. 113 and 114 criminal code (measures of medical safety) of the mentally disorders and chronically alcohol addicted patients

• Author: Gabriel Mihalache - Camelia Buhas
• Position: PhD Lecturer, Faculty of Medicine, Oradea - PhD, head of papers, Faculty of Medicine, Oradea
• Pages: 176-179

176

DIFFICULTIES IN FRAMING ARTICLES NO. 113 AND 114

CRIMINAL CODE (MEASURES OF MEDICAL SAFETY) OF

THE MENTALLY DISORDERS AND CHRONICALLY

ALCOHOL ADDICTED PARTIENTS

PhD Lecturer Gabriel Mihalache

Faculty of Medicine, Oradea

PhD Camelia Buhas – head of papers

Faculty of Medicine, Oradea

Abstract:

Based on more than 2000 forensic psychiatric examinations made in the

last 10 years, the authors gradually present the risks and difficulties of the

proposal of administering the measures of medical safety prevailed by articles no.

113 and 114 Criminal Code. If in article no. 114 Criminal Code, the methodology

of administration is clearer, in the way that it refers only to the patients lacking

judgment because of their psychiatric condition, in article no. 113 Criminal Code,

things are far more complicated. Here, mentally disordered persons who also

consume alcohol, is often wrong diagnosed, action that has repercussions in the

law field, due to the fact that, in a wrong way, the lack of judgment may be taken in

consideration.

Key words: measures of medical safety, , mentally disordered persons,

patient.

The measures of medical safety prevailed by the Criminal Code are most of

all stipulated in articles no. 113 and 114. Article no. 113 stipulates for the duty of

the psychiatric treatment and presents the following particularities:

- The treatment must be done under severe watch,

periodically, in a mental institution belonging to the Ministry of Health,

most frequently in the Laboratory of Mental Health. Here, the patient

receives medication treatment in accordance with the opinion of a

doctor (a daily, weekly or monthly treatment, etc) and all of these are

supervised and signed in a register. Due to this fact, the patient can be

easily tracked whether he or she is following the precise treatment or

not.

- Article no. 113, which represents the obligation to a medical

treatment, can be also used on persons (patients) that are imprisoned. In

this circumstance, the treatment can be applied in a penitentiary hospital

or in the nursery of the imprisonment’s place.

- The application of the safety measure stipulated by article

no. 113 can be done on mentally disordered patients lacking judgement.