Duties of the Psychiatric Committee for Preventive Measures. Present situation and proposed normative changes

The aim of this paper is to analyze the present legal model of the Psychiatric Committee for Preventive Measures and formulate proposed changes in regulations based on research findings. In 2003 the legislator delegated the qualifying procedures to the Committee, which resulted in lengthening the time until the moment of detaining the convict in a closed facility, which may cause harm to both the convict and the society. It is proposed that the classification be performed by experts, who must be heard by the court anyway before preventive measures are decreed, with the possibility of consulting the Committee in difficult or doubtful cases, if needed. Most tasks of the Committee, however, should be related to exercising control and to do this, it is necessary for the Committee to liaise with the court's penitentiary supervisors.