Sinteza modificărilor legislative operate prin Legile nr. 201/2023 şi nr. 214/2023 în materia internării medicale provizorii şi a măsurilor asigurătorii

dr. MIHAIL UDROIU*

* Cadru didactic asociat al Facultăţii de Drept, Universitatea din Oradea; e-mail: mihail.udroiu@uoradea.ro; https://orcid.org/0009-0007-1293-1522.

ABSTRACT

This study examines the way the lawmaker has re-framed the procedural legal rules to enforce the obligation to carry out a forensic psychiatric expertise prior the request of an order for temporary medical detention, as well as the practical deadlock that may arise as a result of such an imposition. It also examines how the application of the rules concerning the conduct of such an expertise has been standardized, as well as the role of the doctor assisting the suspect or the defendant in these judicial proceedings. The procedure applicable to revoke or replace the temporary medical detention, newly introduced by the Law No 214/2023, is also highlighted.

With regard...