On the issue of returning to the prosecutor a petition for the application of compulsory medical measures

Abstract

In preparatory proceedings, the court has the right to return to the prosecutor a petition for the application of compulsory medical measures (hereinafter referred to as CMM) in case of non-compliance with the requirements of the Criminal Procedure Code of Ukraine (hereinafter – CPC). The article highlights and discusses the typical shortcomings of a petition for the application of CMM, which became the basis for its return to the prosecutor. At the same time, the scientific analysis of the identified shortcomings of this final document was carried out in the context of the modern approach of judicial practice, which is that the return of a petition for the application of CMM to the prosecutor does not imply a formal non-compliance of such an act with the requirements of the law, but the presence of shortcomings that prevent the court from ordering a trial. Thus, based on the results of the scientific analysis, it is concluded that there are no such procedural errors, the elimination of which is possible only in the format of returning a petition for the application of CMM to the prosecutor. At the same time, attention is focused on the expediency of eliminating the shortcomings of a petition for the application of CMM in the preparatory proceedings by postponing the hearing and giving the prosecutor the opportunity to adjust the content of the petition for the application of CMM and submit an updated version at the next hearing. To some extent, this is facilitated by the lack of a clearly defined deadline for the completion of the preparatory proceedings.
 It is stated that the return of the petition to the prosecutor a petition for the application of CMM increases the terms of criminal proceedings without objective necessity, given the lack of time limits in the law to return the amended petition to court. At the same time, it is noted that in the perspective of considering this petition, the court appoints CMM, therefore, the untimely appointment of proper treatment to a person may result in the onset of inevitable consequences of their mental health.