Jurisdiction of Criminal Cases Regarding Assignment of Compulsory Treatment

Abstract

Problem statement. In Russian criminal process, traditionally, one of the more complicated differentiated procedures are criminal proceedings on the use of compulsory medical measures. The specificity of these proceedings involves the establishment of additional guarantees and special procedural rules aimed at ensuring the rights and legitimate interests of people with mental disorders. However, jurisdiction in this category of criminal cases is determined according to general rules, without taking into account the specifics of the proceedings. The current criminal procedural legislation allows the consideration of criminal cases on the use of compulsory medical measures by a magistrate, without taking into account the specifics of the proceedings. The shortcomings of the criminal procedure legislation give rise to contradictory judicial practice. Goals and Objectives of the Study. To reveal the normative and doctrinal approaches to determining the jurisdiction of criminal cases on the use of compulsory medical measures; substantiate the need to change the rules of jurisdiction for this category of cases; to formulate suggestions for adjusting the criminal procedural norms in connection with the exclusion of cases on the application of compulsory medical measures from a magistrate’s jurisdiction. Methods. In the process of working on the article, general scientific research methods were used – analysis, synthesis, classification, comparison, systematization and generalization, as well as specific scientific methods – formal-logical, studying law enforcement practice. Results, Summary Conclusions. Suggestions have been formulated to change the normative regulation of the jurisdiction of criminal cases on the use of compulsory medical measures. The current criminal procedure for determining the jurisdiction of criminal cases on the use of compulsory medical measures has significant gaps that require exclusion of criminal cases on people with mental illnesses from the competence of a magistrate.