The respect for the fundamental rights of a person in a state of low represents the basic pillar that provides the prosperity and security of its citizens. The opportunity to apply the enforcement measures with medical character needs to be filtered according to necessity and action proportion in relationship with fundamental restriction of human rights. Both European Convention on Human Rights, as well as national legal stipulations grant a row of guarantees concerning hospitalization of a person in a medical institution in order to perform psych iatrical examination which gives to the person an additional security regarding respect for fundamental rights, the judge of instruction is the subject who ensures the compliance of these rights.