Psychiatric security measures in practice: the role of operational protocols*
Abstract. The present contribution, after taking account of the current legislation, illustrates the problems related to the management of psychiatric patients in criminal proceedings and in the execution phase of the sentence. These problems are also linked to the convergence of different institutional figures and to the difficult dialogue between different competencies. The creation of operational protocols has begun to make possible the interlocution and to facilitate the creation of treatment paths that give body and substance to personal security measures. In particular, in this contribution is represented the protocol signed in the district of the Court of Appeal of Milan on September 12, 2019.
This article was submitted anonymously for evaluation by two expert reviewers, with a positive outcome.
SUMMARY: 1. Foreword. – 2. Current law mentions. – 3. Problematic profiles during the implementation. – 3.1. At the stage of criminal cognition. – 3.2. At the stage of criminal execution. – 4. Operative guidelines’ role. – 5. Concluding remarks.
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* Il presente contributo, rivisto e rielaborato, prende spunto dall’intervento effettuato, come relatrice, all’evento organizzato e promosso dalla Scuola Superiore della Magistratura in data 9 novembre 2020 dal titolo «Il soggetto pericoloso: misure personali di sicurezza e di prevenzione, tra tradizione e modernità».