Provisional order for medical treatment

Eximia Pub Date : 2023-09-30 DOI:10.47577/eximia.v12i1.353
Amalia Nicoleta Matica
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Abstract

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.
临时医疗令
安全和风险一样,是一个延伸的概念。就像风险一样,安全也会引发强烈的情感,并在权力的行使中获得许可。但是。风险有威胁,安全有承诺。而这种承诺它无法提供的东西的能力,存在着一种特殊的危险。认识到这种危险需要特别注意。许多州的立法赋予这一术语刑事法律价值,使其区别于惩罚。除惩罚外,保护措施在世界各地有许多说法:“纠正和保护措施”、“安全措施”、“其他具有法律性质的刑事措施”、“预防措施”。对世界各地关于保护措施的规则的分析的总结使我们能够将其定义为由刑法规定并由主管当局适用于因其精神状态或使用危险物质而被认为是危险的人的一套预防措施。当我们在公共场合行动时,我们有责任尊重他人,至少要像我们尊重自己一样,或者达到我们期望被尊重的程度。把人性作为一个基本要素的描述是为了用理性的术语来表达意识的必要性,即为了实现自己的目标而将他人工具化,主要是将他人降低为客体的质量。尊重是我们对自己和他人的责任的一部分,从我们曝光的角度来看,重要的不是我们对自己的尊重,而是对客户、用户、其他公民和整个社区的尊重。呼吁对立法和精神因素进行审查,以便在开展防范精神病患者的评估方面提供实际指导和协助。在这个复杂的领域,精神科医生会定期对能力和专业知识进行评估。既定的途径和方法将保证被告人犯罪时精神状态评估的准确性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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