The hospital security measure in the context of the democratic rule of law

Abstract

The security measure is the treatment applied to those incompetent individuals who commit a criminal offense. The law says that the duration of this measure will be undetermined until lasts dangerousness of the agent. The interpretation of the security measure as criminal constitutional principles demonstrates that the lack of limits on the length of hospital security measure reflects the non-application of the guiding principles of law of a democratic state, especially the principle of human dignity. Furthermore, it explains the unconstitutionality in order to be a life sentence expressly prohibited by the Constitution.