A medida de segurança de internamento à luz das alterações introduzidas pela lei nº 35/2023, de 21 de julho
: uma análise crítica

  • Catarina de Almeida Gomes Centeno Lima (Student)

Student thesis: Master's Thesis

Abstract

In the following dissertation, we will analyse the security measure of internment and the changes made to this criminal reaction by the new Mental Health Law, the Law 35/2023, of the 21st of July. We will discuss the changes made to the Penal Code, especially the repeal of the article 92, number three. For a very long time, our Penal Code admitted that the security measure of internment could be successively prorogued, for periods of time of two years, if the unimputable had committed an unlawful punishable with a maximum penalty superior to eight years and if he presented criminal dangerousness. On the other hand, we will also mention the changes made by the new Mental Health Law to the article 93, number two and to the article 96, number one. The article 93, number two now establishes that the compulsory revision of the internee situation will be made once every year. The article 96, number one, nowadays, establishes that the execution of the security measure of internment can´t begin without a revision of the assumptions associated with her application, if a year or more has passed since the decision of application of the measure. Finally, we will make some considerations about these changes made to the internment security measure and give our opinion about them.
Date of Award25 Jul 2024
Original languagePortuguese
Awarding Institution
  • Universidade Católica Portuguesa
SupervisorPedro Freitas (Supervisor)

Keywords

  • Security measure of internment
  • Non-imputability
  • Unimputable
  • Psychic anomaly
  • Criminal dangerousness
  • Mental health law

Designation

  • Mestrado em Direito

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