Ser o no ser de las medidas de seguridad.

To be or not to be of security measures: their validity and implementation following the enactment of the National Mental Health Law

Abstract

The purpose of this work is to determine whether, following the enactment of the National Mental Health Law, the security measures provided for in Article 34, Section 1 of the Penal Code and the dualist system of Argentine criminal law remain fully in force today. To this end, the study begins with a genealogy of security measures as penal institutions, examining their application and scope within national positive law. Subsequently, the validity of imposing security measures through dismissal or acquittal under Article 34, Section 1 of the Penal Code is analyzed in relation to both international human rights treaties and the National Mental Health Law. Through this normative analysis, points of connection have been identified that support not only the validity of the coexistence of both legal frameworks but, more importantly, the fact that the incorporation of the National Mental Health Law has strengthened the rights and guarantees of individuals subjected to security measures due to mental health conditions.