Disposing of the person’s hospitalization in the medical institution for the performance of judicial expertise in the criminal process

URL: https://dspace.academy.police.md/disposing-of-the-persons-hospitalization-in-the-medical-institution-for-the-performance-of-judicial-expertise-in-the-criminal-process/

Data: 2024

The article focuses on the procedures and powers of the criminal investigation body and the prosecutor in situations where hospitalization in a medical institution is necessary, as well as on the procedure for examining forced hospitalization in these institutions. Internment of a person to a medical institution is a form of deprivation of liberty and must therefore take place only with judicial authorization. This measure can also affect the right to privacy; therefore, it is essential that the entire procedure is followed strictly and without deviation. The disposition of forced hospitalization in a medical institution for the performance of judicial expertise in the criminal process is the competence of the investigating judge. He must decide based on clear grounds and reasons and strictly follow the legal procedure in such situations. Regrettably, the domestic criminal procedural legislation does not regulate all the necessary aspects regarding internment, its extension and other desired ones that we will explain in the respective publication.