Medical Coercive Measures Under the Albanian Legislation and their Application to Criminally Irresponsible Individuals

Authors

  • Kreshnik Myftari
  • Gëzim Myftari
  • Sevada Guço

DOI:

https://doi.org/10.37506/ijfmt.v15i4.16936

Keywords:

medical coercive measures, compulsory outpatient treatment, compulsory treatment in a medical institution, psycho-social care, psychiatric hospital.

Abstract

Individuals, who are characterized by mental disorders and manifest them in a criminal behavior, cannot be
subjects to the same punitive regime provided for other subjects of criminal offenses. Neither penitentiary
institutions nor civilian psychiatric hospitals are suitable for these individuals; the former, because they
are conceived only for that category of subjects who culpably violate criminal norms; second, because,
since psychiatric hospitals have therapeutic purposes, they are not suitable for controlling the social risk of
irresponsible subjects.
Any decision of irresponsibility due to mental state brings a certain consequence, namely the dismissal
of the case and the imposition of coercive measure. The defendant, due to his social danger, may undergo
outpatient treatment or compulsory treatment in a medical institution.
The following manuscript analyzes the importance of medical coercive measures provided by the criminal
legislation and at the same time, their importance in the treatment of irresponsible persons, perpetrators
of criminal offenses. It tries to give an overview of the different orientations that characterize the issue in
question, to underline the conclusions reached by jurisprudence and at the same time to reason not only on
the basis of applicable norms, but also on the basis of perspective and opportunity for reform, seeking to
develop points of reflection and avoid unreasonable discussions.

Author Biographies

Kreshnik Myftari

PHD, Full Time Lecturer of Criminal Law, Department of Criminal Law, Law Faculty, University of Tirana

Gëzim Myftari

Forensic Psychiatrist

Sevada Guço

Master of Laws, Scientific Researcher

Published

2021-08-16

How to Cite

Kreshnik Myftari, Gëzim Myftari, & Sevada Guço. (2021). Medical Coercive Measures Under the Albanian Legislation and their Application to Criminally Irresponsible Individuals. Indian Journal of Forensic Medicine & Toxicology, 15(4), 1604-1610. https://doi.org/10.37506/ijfmt.v15i4.16936