Forced interventions against persons with mental disorders - medical-legal accents

A brief analytical overview of the prescriptions for enforcement and the procedure for its implementation, respectively, Penal Code and Code of Criminal Procedure, as well as Instruction Nr. 1 for the activity of the health authorities in the placement of persons with psychiatric disorders in psychiatric hospitals under compulsory orders, as opposed to the compulsory accommodation and treatment with preventive purpose under the Health Act. Importance is attributed to Canadian Psychiatric Association-CPA (1980), which advocates a situation-based approach to this specific contingent, and Declaration of Helsinki (2000), to obtain adequate informed consent in cases of mental disorders by legally authorized representatives in accordance with the applicable law. It is argued that coercive medication (including isolation, mechanical restraint, eventual electro-shock procedures, even neuroleptics, etc.) should only be taken when all means of informing people with mental retardation and aggressive behavioral abnormalities have failed, while strictly observing legislative restrictions. The bipolar nature between the doctor's responsibility to ensure the good / good of the patient from a medical point of view and the respect / respect for his will stands out as a fundamental bioethetical configuration.