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The author analyses the conditions under which safety measures and measures regulated by the Law on Mental Health and the Protection of Persons with Mental Disorders can be ordered. 487/2002. The guarantees of fundamental rights, the conditions under which they are ordered and enforced in the two procedures. The objective of the theme is the constitutional stability of the regulation of institutions with a similar content that have a different foundation (the act provided for by the criminal law and the health status of the persons).