The obligation of medical treatment, after the closing of the case. The necessity of the existence of a procedural capacity in the case, of suspect or defendant

Abstract

The situation presents a case-law controversy regarding the necessity or not of the existence of the capacity of suspect, an imperative condition necessary to apply the safety measure of the obligation to medical treatment, following a solution to close the case.

The commentary aims to present the opinions expressed in the legal literature and analyse whether or not the right to a fair trial is respected, if the person targeted by the security measure, remains perpetrator in the respective criminal case.