Definition
(1) In respect of a person who was suffering from a mental disorder at the time of the offence, a
security measure for the purposes of protection and treatment shall be imposed. A mentally disordered person subject to security measures shall be accommodated and treated in a high
security health institution.
(2) A mentally disordered person subject to security measures may be released, by a judge or a court
decision, provided that a report prepared by the health commission of the institution in which he is
accommodated, states that the danger to society no longer exists or is considerably diminished.
(3) In the report of the health commission, information shall be provided on the nature of the mental
disorder and the act committed and whether it is necessary, for the purposes of security, that the
person be kept under medical control and supervision, and, if so, what the duration should be and
at what intervals he should be assessed.
(4) Medical control and supervision shall be provided for a period, and at the intervals, indicated in the
report, which is to be effected by the Public Prosecutor’s Office by transferring such people to the
health institutions equipped with the necessary technical instruments and which have authorized
specialists.
(5) Where a risk created by the mentally disordered person is found to have increased during the
medical control and supervision process, the imposition of security measures for protection and
treatment made on the basis of the report shall be re-assessed. In such a case, the procedures
identified in paragraph one and the following paragraphs are repeated.
(6) On the basis of a commission report, issued by a high security health institution where the mentally
disordered person is accommodated pursuant to the provisions of paragraphs one and two, which
states that in relation to the act he committed his ability to control his behaviour was diminished, the
penalty of imprisonment may be applied, partially or entirely, as a security measures specific to
persons suffering from a mental disorder, subject to a decision of the Court and that the duration of
the measure remains the same.
(7) In relation to an offender who is addicted to alcohol, narcotics or psychotropic substances it shall be
determined whether he requires treatment at a health institution which has expertise on alcohol,
narcotic and psychotropic substance addicts. The treatment shall continue until such persons are
cured from using alcohol, narcotics or psychotropic substance. They may be released from the
health institution by a decision of a court or a judge on the basis of a report to be prepared by the
commission of the health institution in which the person was placed.