28 the execution of criminal sanctions based on their kind65 and type66; he also indicated that it is necessary to establish mandatory active occupational engaging of the prisoners serving sentences for crime committing; that a medical service should be detached from the Ministry of Justice and Public Administration and put under the immediate competence of the Ministry of Health; that it is necessary to detach the existing internal control mechanism from the Administration for the Execution of Criminal Sanctions, so that the separate organization unit of the Ministry of Justice and Public Administration is in charge of supervising the work of the Administration for Execution of Criminal Sanctions and institution. The Protector of Citizens draw attention to necessity of adopting the Law on Probation, in order to protect society from crime, facilitate re-socialization of the perpetrators and their re-integration in the society, and provide assistance to the victims, aggrieved parties and their families. The Protector of Citizens pointed out to the Commission in charge of drafting of amendments to the Law on Extra-judicial Proceedings, that it is necessary to improve the mentioned legal regulation, so that the nature of illness or disability cannot represent legal grounds for detention, yet it can be exceptionally justified only if done for the purpose of protection of life or health. Besides the necessity to clearly make a distinction between consent to the medical treatment and consent to placement into institutional care, it is of fundamental importance to have precise legal regulation regarding detention of patients in healthcare institutions and beneficiaries of the residential social care institutions. It is crucial to legally prescribe and clearly estipulate that no one can be detained, or deprived of liberty, on the basis of its own, or somebody else’s will or consent, but only on the basis of a decision of the competent authority. With regard to Draft Law on the Protection of Persons with Mental Disabilities, the Protector of Citizens in his official opinion delivered to the Ministry of Health, indicated that the mentioned legal regulations should comply with the international law and valid standards, as well as with the Strategy on Development of Mental Health Protection67, implying that treatment and care of those persons should be carried out in the community, as closely as possible to the family of the patient. It has been pointed out that long-term detention of the persons with mental disabilities in dislocated psychiatric hospitals in which is impossible to achieve psychosocial rehabilitation, hinders the inclusion of such persons in their environment within the community, and shows elements of inhuman and degrading treatment.68 65 Penal-Correctional Institution / District Prison 66 closed/ semi-open / open 67 Official Gazette of the Republic of Serbia “, No. 08/2007; 68 About 800 patients are situated in the psychiatric hospital in Vrsac of whom a half for more than a year, and about 110 for more than 10 years. The question is whether this is considered to be a treatment if it lasts ten years or for life, or it is rather a sort of asylum. Of particular concern is the fact that only in the psychiatric wards in that hospital from 350 to 400 patients die every year;