Professional paper
https://doi.org/10.54070/hljk.31.2.7
Application of Independent Precautionary Measures to the Legally Insane
Martina Pamić
orcid.org/0009-0002-0379-4216
; Općiniski sud u Zagrebu
*
David Jakovljević
*
* Corresponding author.
Abstract
Pre-trial detention is the most restrictive measure to ensure the presence of the defendant. Its duration is limited and depends on the sentence prescribed for the criminal offence charged against the defendant. In practice, it is not uncommon for the period of pre-trial detention to expire before the court of first instance renders its verdict. Therefore, in order to eliminate the reasons for which the measure of pre-trial detention was applied, it is necessary to apply independent precautionary measures from Article 98.a of the Criminal Procedure Act (further: CPA). In the case of a reasonable doubt that the defendant committed an illegal act in a state of insanity, pre-trial detention can only be ordered on the basis of Article 551, paragraph 1 of the CPA if there is a probability that the defendant could commit a more serious crime due to serious mental disorders. Therefore, it is not possible to order pre-trial detention for a legally insane defendant on any of the grounds prescribed by Article 123, paragraph 1 of the CPA. If, however, the court, after a psychiatric examination, finds that to eliminate such a danger to the defendant, treatment at liberty is sufficient, pre-trial detention can be replaced by the precautionary measure of treatment at liberty (Article 551, paragraph 3, CPA). But what happens when the pre-trial detention of legally insane defendants expires before the court judgment is passed? Can precautionary measures be imposed as independent precautionary measures? If so, which ones? Those from Article 98 CPA or the one from Article 551, paragraph 3 CPA? Under what assumptions can they be determined? Since the introduction of the institute of independent precautionary measures, judicial practice has been diverse and does not provide unequivocal answers.
Keywords
Hrčak ID:
328346
URI
Publication date:
4.12.2024.
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