Luarea măsurii de siguranţă a obligării la tratament medical. Lipsa de relevanţă a împrejurării că nu s-a început urmărirea penală faţă de făptuitor

Abstract

Taking of safety measure to oblige to medical treatment. Lack of relevance of the circumstance that criminal prosecution was not initiated against the offender

Obligation to medical treatment according to art. 113 of the Criminal Code, consists in the obligation of the offender representing a danger for the society, due to a disease or to chronic intoxication with alcohol, illegal drugs or other such substances, to come in order to undergo a medical treatment regularly, until he recovers. This measure may be decided against the person who committed a deed set forth by criminal law (the deed does not need to be an offence) and representing a danger for the society, in the circumstance in which the court considers that by taking the measure of obliging the respective person to undergo medical treatment, the state of danger could be...