Improving the Mechanism of Using Coercive Medical Measures Associated with Punishments Without Isolation from Society: from Sentencing to Exemption from Sentence

Abstract

The authors analyze doctrinal interpretation of the procedure for the imposition and enforcement of compulsory medical measures suggested by various scholars specializing in criminal and penitentiary law. Only a uniform understanding of the legal nature of the necessity to regulate these measures will make it possible to ascertain the final formation of the institute of coercive medical measures as an established institute of Russian criminal legislation and to work out measures of improving the procedure of their enforcement. The relevance of this study is connected with the need to improve the effectiveness of the criminal legislation norms in the sphere of ensuring the security of the society against publically dangerous actions of persons with psychiatric disorders who are sentenced by the court to coercive medical measures. The authors examine the problem of the possibility of sentencing them to penalties that are alternative to imprisonment. They have analyzed and compared a number of norms of criminal and penitentiary legislation, pointed out obvious gaps, and presented suggestions on bridging them. The authors draw attention to the necessity to streamline and clearly distribute the functions of enforcing court decisions regarding criminal law measures between the subjects of enforcement; they also suggest the introduction of corresponding amendments into criminal, criminal procedure and penitentiary legislation.