Provisional order for medical treatment


  • Amalia Nicoleta Matica Independent Researcher



provisional order, medical treatment, code, defendant, judge


Safety, like risk, is an extended concept. Just like risk, safety provokes strong emotions and licenses in the exercise of power. But. While risk threatens, safety promises. And in this power to promise what it cannot offer lies a particular danger. Recognizing this danger requires special attention. The legislation of many states assigns to this term criminal legal value that distinguishes them from punishment. Apart from punishment, protective measures are referred to in many ways around the world: "corrective and protective measures", security measures", "other criminal measures of a legal nature", "preventive measures. A summary of the analysis of the rules on protective measures around the world allows us to define them as a set of preventive measures established by criminal law and applied by the competent authorities, to the person considered dangerous due to his mental state or consumption of dangerous substances. When we act in the public space, we have a duty to respect others at least as much as we respect ourselves or to the same extent as we expect to be respected.  The description of humanity as a basic element in order to put in rational terms the necessity of awareness of the aspect that the instrumentalization of the other in order to achieve one's own goals represents, mainly, the reduction of the other to the quality of object. Respect is part of our duties towards ourselves and others, what is important from the point of view of our exposure is not so much the respect we have in relation to ourselves, but respect for customers, for users, for other citizens, for the whole community. A review of legislation and psychiatric factors is called for to provide practical guidance and assistance in conducting assessments to defend against persons with mental illness. There is a participation of psychiatrists who routinely conduct assessments of competence and expertise in this complex area. The established approaches and methods will ensure the accuracy of assessing the mental state of the defendant at the time of committing the crime.


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How to Cite

Matica, A. N. (2023). Provisional order for medical treatment. Eximia, 12(1), 159–179.