Проблемы отбывания принудительных медицинских мер, соединенных с наказаниями без изоляции от общества

Abstract

Relevance. Given that mental illnesses, as it is commonly believed, are negative factors in the development of society, the state takes not inconclusive steps to contain such diseases and at the same time gets rid of already di-agnosed cases by applying various methods of treatment and prevention. Taking into account that every year measures of criminal-legal influence without isolation from society are prescribed in more than 70 % of cases of convictions, the question of combining them with the treatment of persons diagnosed with mental illness is simply necessary. In the scientific community, it has been repeatedly discussed and the conclusions were approximately the same that the person committing the crime is more likely to have signs of "deviant" behavior, which indicates that it is necessary to at least diagnose it. As has been repeatedly discussed and, in fact, has become an axiom – the presence of a mental illness in a person increases the likelihood of committing an illegal act. The purpose of the study is to form scientific ideas about the processes of combining medical coercive measures with non-isolation punishments. Objectives: to study the provisions of judicial practice; to identify the problems of correlation of medical measures with punishments without isolation from society and their implementation; to formulate proposals to resolve these legal gaps. Methodology. In the process of working on the research, both general scientific methods (analysis, synthesis) and methods of legal science (formal legal, comparative legal) were used. The results of the study are a proposal to significantly supplement the theory of the institution of compulsory medical measures in particular and criminal law measures in general. Conclusions. The conducted research allowed us to assert that it is necessary to impose a duty on a convicted person, if there are sufficient grounds, to undergo treatment for a mental illness. In addition, it is necessary to introduce responsibility in the criminal law for evading the performance of such a duty, while at the same time designating the subject of control over the performance.