Abstract
The purpose of the article is to determine the procedural and tactical features of the investigation of premeditated murders committed by persons with mental disorders, taking into account the judicial and investigative practice of Ukraine. The authors use general and special methods that allow obtaining scientifically based conclusions and suggestions, such as dialectical, system-structural, generalizing, logical, statistical methods. The authors claim that 7,46 % of criminal proceedings committed by persons with mental disorders and requiring the application of compulsory medical measures are sent to court annually in Ukraine. It has been established that persons with alcohol and drug addiction are more prone to premeditated murders. It is determined that the issue of application of compulsory medical measures is decided by an expert during forensic psychiatric examinations. It is proved that the current criminal procedure legislation of Ukraine, although it determines the grounds for the appointment of examinations of this type, but investigators appoint them in 79% of criminal proceedings, even in the absence of statutory grounds. It is established that the appropriateness of conducting investigative (search) actions with the participation of a person with mental disorders is determined by the investigator or prosecutor on the basis of an expert opinion.
Highlights
The investigation of premeditated murders is a rather complex activity, as investigators are tasked with establishing the identity of the murderer, identification the existence of components of crime in his actions and collecting evidence of the latter's guilt
The dialectical method allows establishing the purposes of research in dynamics and interrelation, to find out tactical and procedural features of investigation of premeditated murders committed by the persons who could not realize value of the actions and to control them, and the persons having mental disorders
It should be noted that the procedure for investigating premeditated murders committed by a person with mental disorders in Ukraine is determined on the basis of an expert opinion based on the results of a forensic psychiatric examination
Summary
The investigation of premeditated murders is a rather complex activity, as investigators are tasked with establishing the identity of the murderer, identification the existence of components of crime in his actions and collecting evidence of the latter's guilt. Establishing the identity of the offender is one of the highest priorities in this activity, because this element is associated with others, including: method, tools and means, motives and purpose of the act, and so on. On average annually among criminal proceedings for intended killing, which were sent to court, 7.46% of them were sent with a request to apply coercive medical measures. This shows that the proportion of people who have lost the lives of others, being in a state of insanity and in need of treatment is quite significant
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