Compulsory Medical Measures Research Articles

Features of the investigation of premeditated murders committed by persons with mental disorders in the practice of Ukraine

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.

Public Danger of a Person as a Basis for Applying Compulsory Medical Measures

The authors argue that the danger posed by a person, used by the court as a basis for authorizing compulsive medical measures, should be considered to be public danger because this person could commit a new infringement on public relations protected by criminal law. The analysis of the practice of court decisions on compulsory medical measures in 2010–2020 in Tomsk and Novosibirsk Regions is use to develop criteria for determining the content of public danger posed by such a person. These criteria are the features of a publicly dangerous act that has already been committed (its focus on relations protected by criminal law, the degree on harm inflicted on these relations, the number of previously committed identical or similar acts), as well as the symptoms of a mental disorder which testify that a person has got a violent, mercenary or violent-mercenary motivation. The differentiation of compulsory medical measures applied to a person is based on the degree of public danger that this person poses. It is suggested that the probability of a person’s committing a new publicly dangerous act with a violent or mercenary-violent motivation should be viewed as a basis for sending that person to a psychiatric hospital for compulsory treatment. As for using this treatment for persons who are likely to commit new publicly dangerous act with a mercenary motivation, it is suggested that the decision should depend on the regularity of committing actions with such a motivation because the public danger is posed not so much by the gravity of the action as by its repeat character.

Jurisdiction of Criminal Cases Regarding Assignment of Compulsory Treatment

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.

НЕКОТОРЫЕ ПРОБЛЕМЫ ИСПОЛНЕНИЯ СУДЕБНОГО РЕШЕНИЯ О НАЗНАЧЕНИИ ПРИНУДИТЕЛЬНЫХ МЕР МЕДИЦИНСКОГО ХАРАКТЕРА

Compulsory measures of a medical nature are regulated by both criminal, procedural and penal legislation, though not to the full extent. In particular, many problems arise immediately after a court decision has been made in relation to a person who has committed a crime in a state of insanity, as well as on the appointment of these measures, and at the stage of a court decision execution. First of all, it is necessary to note the problem of the legal regime for the application of a preventive measure in the form of taking into and keeping in custody, as well as other procedural coercion measures when the decision on the appointment of compulsory medical measures to persons awaiting referral to a medical organization has been made. The application of compulsory procedural measures to the mentally ill seems unreasonable, bearing in mind the purposes of compulsory medical measures, non-counting the time of compulsory medical measures within the term of imprisonment, loss of the indictment period due to the termination of the criminal case. The application of procedural coercion by courts after the termination of a criminal case and appointment of compulsory medical measures against the persons waiting to be sent to a medical institution appear out of the objective need to control the behavior of such persons for a certain period. In this regard, there appears a problem of a time interval between a decision on the appointment of compulsory medical measures and the date when the person is delivered to the medical institution. It seems possible to solve this problem, if we eliminate the 5-day period when a copy of the court resolution is sent to the medical institution and make it possible for a medical institution to make a decision on accepting and treatment of the person in absentia. Another important problem is a competent authority to ensure the delivery of people for compulsory treatment. In practice, due to the incorrect application of the criminal procedure law, there is no clear idea of who should bring a person for compulsory treatment. Meanwhile, since compulsory medical measures are aimed at curing, improving the mental state of mentally ill people as well as preventing them from committing new crimes, health authorities seem to be the most suitable for this role. It seems possible to authorize the security service of psychiatric hospitals operating on the basis of the Federal Law “On ensuring the protection of psychiatric hospitals (hospitals) of a specialized type with intensive supervision” to deliver such persons to medical institutions, without involving criminal procedural forces and means, which seems to take into account the status and mental health of the persons as well as their rights and freedoms.

The problem of an objective prognosis of public danger of an insane person for the purposes of criminal proceedings

The purpose of the article is to study the judicial practice and identify the problem of the lack of an objective medical and social prognosis of the public danger of a mentally ill (deranged) person in order to further apply compulsory medical measures, their replacement or cancellation. As a consequence, individuals who no longer pose such danger are unreasonably subjected for a long time to restrictions on civil, political, economic, social, and cultural human and civil rights and freedoms guaranteed by the Constitution of the Russian Federation and the universally recognized principles and rules of international law. The methodological basis of the research is both philosophical (dialectical, analytical) and generally scientific methods (analysis, synthesis, abstraction, generalization, induction). The work resulted in the conclusion that there is a similar problem in foreign forensic psychiatry and law and order, identifying similarities and differences in approaches to solving it, with regard to the national specifics of providing psychiatric care to the population, including in a compulsory manner. The novelty of the work is that given the objective and subjective difficulties that domestic forensic psychiatry experiences in creating a prognostic methodology of public danger of such patients, a proposal is made to consider, for these purposes, the time period during which the patient does not commit crime. Although the proposed criterion is not of a medical nature, it is always in the sight of doctors and lawyers (judge, prosecutor) when resolving legal situations related to compulsory medical measures. The authors of the article expect that in combination with the clinical variables of the risk of violence, this will allow to achieve an objective prognosis and avoid the unjustified use of medical (restrictive) measures.

Environmental factors in the proceedings organization on the compulsory medical measures application

For several generations in a row, humanity has lived with a constant and obsessive fear of environmental disasters. Violation of the environmental regulations, of the rules on the use of the environmentally hazardous substances and dangerous waste; security breach regarding the handling microbiological or other biological agents and toxins; pollution of water, the marine environment, the atmosphere, land, deforestation - all this together constitutes a factor of increased danger for the normal ecological situation in the region, country, world. Social relations arising in the considered sphere of society are regulated by criminal legislation. It is well known that every year the ecological situation in the world tends to worsen, which is confirmed by the official position of the highest government bodies. Against this background, the number of mental deviations is increasing, which, in its turn, is the reason for the commission of acts prohibited by the criminal law. Compulsory medical measures (hereinafter CMM) is an intersectoral legal institution regulated by the norms of criminal and criminal procedure legislation. In this regard, currently there are a number of problems associated with the organization of criminal proceedings on the use of CMM, which, to a certain degree, can be represented in the following form: 1) the category of persons in respect of whom the organization of proceedings on the use of CMM is carried out (Chapter 51 of the Criminal Procedure Code of the Russian Federation); 2) the types of CMM that can be applied to these persons instead of punishment or along with the imposed punishment; 3) the procedure for appointing and conducting a stationary forensic psychiatric examination to establish the mental state of a person before the commission of an act prohibited by the criminal law, at the time of its commission, as well as immediately after the commission and at the time of a forensic psychiatric examination; 4) the procedure for the termination, suspension and resumption of proceedings in this category of criminal cases in connection with a mental disorder of the accused (suspect); 5) the insufficiency of the circumstances to be proved in this category of criminal cases (CCP, art.434); 6) the need to highlight different approaches to organizing criminal proceedings of this type, depending on the category of persons in respect of whom the CMM is applied. All these problems in one way or another have a negative impact on the practical use of CMM. Based on the results of this study, proposals were made on the legislative consolidation of various types of organization of criminal proceedings on the use of CMM, due to the categories of persons to whom it is applied, as well as on improving the rules governing the conditions to be proven in criminal cases of this category.

LEGAL AND PRACTICAL PROBLEMS OF USE OF ARTIFICIAL INTELLIGENCE-BASED ROBOTS IN FORENSIC PSYCHIATRY

The aim: This research aims to analyze the possibilities of using artificial intelligence-based robotics in forensic psychiatry to assess the public hazard of a mentally disabled or suffering from a mental illness to improve the legal framework governing the use of compulsory medical measures. Materials and methods: This study is based on the Republic of Latvia and Ukraine’s regulatory acts and the juridical practice of the Republic of Latvia. Dialectical, comparative, analytic, synthetic, system analyses, and sociological research methods were used. Conclusions: Different automated systems, including artificial intelligence-based robotics, can and should be used in forensic psychiatry. The last one would effectively improve the process of achieving goals in forensic psychiatry and help prevent subjective errors. At the same time, the application of artificial intelligence-based robotics in forensic psychiatry requires uniform medical and legal criteria to prevent violation of human rights.

Problems of implementation of compulsory medical measures in outpatient compulsory observation and treatment

Problems of implementation of compulsory medical measures in outpatient compulsory observation and treatment

Виды уголовно-противоправных деяний

The article examines criminal acts, with which the law associates certain criminal legal consequences. The aim of the article is to substantiate the identification of various criminal acts and show their specificity in comparison with crimes. The research is based on the domestic criminal legislation, materials of judicial practice and the legislation of the Federal Republic of Germany. The research methods are: the method of comparative law, which allowed comparing the provisions about criminal offenses in the 1960 Criminal Code of the RSFSR and in the 1996 Criminal Code of the Russian Federation, in the Criminal Code of the Russian Federation and the Criminal Code of Germany; the method of document analysis, which made it possible to analyze the judicial practice and proposals of the Supreme Court of the Russian Federation on the introduction of provisions on criminal offences in the Criminal Code of the Russian Federation; the formal-logical method that made it possible to analyze the content of the norms of the Criminal Code about criminal acts. The article concludes that, in addition to crimes, criminal acts should include: a criminal offence, which entails criminal liability in the form of replacing punishment with a more severe one (fine, compulsory labor, correctional labor, restriction of freedom as the main type of punishment, forced labor) or criminal liability in the form of the cancellation of any type of probation (suspended sentence, parole, deferred sentence, deferred sentence for drug addicts); a minor act; socially dangerous behavior of persons who are not subjects of a crime due to their minor age or insanity; innocent infliction of harm. The article shows the specificity of a misdemeanour, consisting in the fact that this act is not socially dangerous, does not contain signs of a crime, violates the liability of the convicted person to be subject to limitations arising from the court-appointed punishment or type of probation (suspended sentence, parole, deferred sentence, deferred sentence for drug addicts). It is substantiated that a minor act should be referred to circumstances that exclude the criminality of an act due to the absence of public danger, an essential feature of a crime. It is argued that acts, provided for by the Special Part of the Criminal Code of the Russian Federation, committed in a state of insanity and entailing compulsory medical measures, should not be subject to criminal law. The article criticizes the judicial practice of a broad interpretation of the commission of a crime by a group of persons, according to which it is not only a co-execution, but also any execution of the objective side of the crime by several persons, of which only one can be the perpetrator. It is argued that causing harm due to the non-compliance of the psychophysiological qualities of a person with the requirements of an extreme situation does not apply to innocent infliction of harm.

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

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.

The Personality of the Defendant Through the Prism of Justice: Criminology and Criminal Procedure Aspects

The article is devoted to integrated research of key milestones of criminological and criminal procedure aspects of knowing the personality of the defendant and to the identification of the existing problem of harmonizing these types of cognitive activities in the administration of justice. The authors stress the differences between the criminological and the criminal procedure interpretations of the personality of the defendant, which are also manifested in the interpretation of its structure. It is shown that the factor integrating the knowledge of the personality of the defendant during judicial proceedings is the inseparable unity of this knowledge with the process of proving. The limits of knowing the personality of the defendant in criminal proceedings are directly dependent on forms of knowing and vary under the influence of their differentiation. The article presents three levels of knowing the personality of the defendant in justice in the criminological and criminal procedure aspects: extended (proceedings in cases of minors and cases on using compulsory medical measures); ordinary (cases prosecuted in general and special procedures); differentiated (cases tried by juries). It is pointed out that the personality of the criminal is most thoroughly examined at the extended and ordinary levels of knowing, which is caused by the contents of the general and the special objects of proof, as well as the absence of any legislative limitations on the objects and means of proving the above-mentioned circumstances. Most problems connected with the limits of knowing the personality of the criminal arise when a case is tried by a jury, which is caused by the bifurcation of the object of this study on the conducted inquiry with or without the participation of the jury. Having chosen the substantive approach to solving this problem, the legislators identified the limits of knowing the personality of the defendant with the limits of the sphere (object) of the cognitive competence of jurors, and other information on the personality of the defendant is studied after the verdict. The authors analyze the problems of correlation between the criminological and criminal procedure aspects of knowing the personality of the defendant in trials by jury: the effectiveness of a substantive limitation of studying personal characteristics of the defendant by jurors and the opportunity to examine the facts pointing at the insanity of the defendant with the participation of jurors. The authors also describe the specific features of examining the personality of the defendant in the USA and in Austria. They conclude that it is necessary to widen the scope of examining the personality of the defendant in trials by jury.

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

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.

RESTRICTIVE MEASURES THAT APPLY TO PERPETRATORS OF DOMESTIC VIOLENCE: DOMESTIC AND FOREIGN EXPERIENCE

The article analyzes international legislation in the fi eld of prevention of domestic violence, as well as foreign experience in the legal regulation of restrictive measures applied to persons who have committed domestic violence. It is concluded that a number of international legal acts are devoted to the prevention of domestic violence, among which the UN Model legislation on domestic violence from 02.02.1996 takes a Central place, on the basis of which European countries, including Ukraine, introduced the Institute of restrictive measures into national legislation.According to the results of the study of the experience of foreign countries, it was found that a common approach in the fi eld of countering domestic violence was to allow the courts to apply other criminal measures in addition to punishing «off enders» (in some countries, instead of punishing them).In order to prevent the commission of domestic violence, it is proposed to expand the range of persons who can apply to the court for the issuance of a restrictive order provided for in part 1 of article 26 of the Law of Ukraine «On the prevention and counteraction of domestic violence». In art. 91-1 of the Criminal Code of Ukraine proposes to expand the legal grounds for applying restrictive measures against persons who have committed domestic violence and are not recognized as the subject of a crime, or are recognized as the subject of a crime, but they may be subject to compulsory medical measures, compulsory treatment or compulsory educational measures, etc.

Organizational issues of re-socialization in penitentiary psychiatry (analytical review)

The article deals with the medical and social rehabilitation and resocialization provision for persons in the space of penitentiary psychiatry. The article analyzes the data of Russian and foreign sources, including the regulatory framework, considers the principles of providing psychiatric care to persons who commit socially dangerous acts (SDA) and suffering from mental disorders. The existing approaches to resocialization and adaptation of persons after serving a sentence in the form of imprisonment in the post-penitentiary space are analyzed. The principles of providing psychiatric care in correctional institutions with the use of regulations governing the appointment and implementation of compulsory medical treatment measures (CMTM) in correctional institutions are noted. The data reflecting the organizational approaches and possibilities of medical and social rehabilitation and resocialization for the studied category of persons on the basis of legal, medical and social criteria are analyzed and presented in the form of the author’s matrix. The need to develop and use tools for online communication based on digital technologies in the process of organizing psychiatric care for the specified contingent of persons is substantiated in order to create conditions for effective medical and social rehabilitation as well as re-socialization in the post-penitentiary space.

Legal Regulation of Involvement of Persons Undergoing Compulsory Treatment

The engagement of persons in respect of whom the court imposed coercive measures of a medical nature is carried out through the use of labor therapy methods. Occupational therapy, defined by the legislator as a medical service, is not just a treatment method, but also involves the inclusion of mentally ill persons in labor activity, the latter performing a specific labor function. Taking into account the indicated features of labor therapy, this article attempts to determine the legal nature of relations arising in the process of attracting people undergoing compulsory treatment to work in a psychiatric hospital. The features of such involvement in labor are revealed, a distinction is made with wage labor. Based on a comparison of the main characteristics of the ­relations under consideration with the constitutive signs of labor relations, it is concluded that they are not identical, although they have a number of similar signs. Relations involving the mentally ill to work are to be included in the general system of legal relations arising from the application of compulsory medical measures, in connection with which the application of the provisions of the labor legislation of the Russian Federation to them is possible only in cases specified by law through subsidiary use rules of law.

MENTAL HEALTH OF A PERSON AS A CRITERION OF PERSONAL PARTICIPATION IN THE TRIAL DURING CRIMINAL PROCEEDINGS

The aim of this work is to identify and analyze the key positions of the ECHR in the context of respect for the right to a fair trial (Article 6 of the European Convention on Human Rights (hereinafter - the Convention)) of a person suffering from mental disorders in criminal proceedings concerning the application of compulsory medical measures (hereinafter referred to as CMM); formulation of scientifically substantiated proposals for determining the restriction legality criteria of the right of a person suffering from a mental disorder to personal participation in the trial. Materials and methods: During the preparation of the article, the following was processed: scientific research on ensuring the rights of persons suffering from mental disorders in criminal proceedings; provisions of international agreements on the provision of psychiatric care; the legal position of the ECHR on the observance of the right to a fair trial of persons suffering from mental disorders (6 decisions were analyzed in which the ECHR addressed these issues in the context of the requirements of Article 6 of the Convention); criminal procedural legislation of individual states; the results of a survey conducted by the authors of 88 judges (judges of local courts of Ukraine) on key issues of ensuring the participation of a person suffering from a mental disorder in a court hearing. In the process of research a set of general scientific and special methods of cognition was used (comparative-legal method, systemic-structural method, generalization method, method of analysis and synthesis, method of sociological research, method of expert assessments, etc.). Results: According to the results of the research: a) the legal positions of the ECHR to ensure the right of a person suffering from a mental disorder to a fair trial are identified and generalized (Article 6 of the Convention); b) criteria for the legality of restricting the right of a person suffering from a mental disorder to personal participation in the trial are proposed. Conclusions: An analysis of the ECHR's key positions led to the conclusion that there was a violation of a person's right to a fair trial in national case law (Article 6 of theConvention), due in part to the lack of clear criteria for legally restricting a person's right to a trial.

Punishability of Acts of Extremist Orientation Stipulated by Article 282 of the Criminal Code of Russian Federation ('CCRF')

The crimes of extremist orientation stipulated under Article 282 of the Criminal Code of the Russian Federation (“CCRF”) is one of the most widespread crimes in the latest years in Russia. The article explores the statistical data on the number of cases and the severity of punishments for the crimes of extremist orientation in 2009-2019 in the Russian Federation. This data is then analysed in the context of the cumulative data on the punishments in all other criminal cases in Russia in the relevant years. Generally, it shows that the application of the law in this area is highly repressive e.g. relatively low % of acquittal, relatively high % of compulsory medical measures. Several other trends, including a raise of conditional imprisonment, noted from the data are analysed by the authors through a double-lenses of academics and human rights practitioners. The discussion is contextualized by the recent legislative reforms of Article 282 of the CCRF and briefly reviews the relevant policy trends. Among other a very broad discretion of the law-enforcement authorities appears problematic. Finally, the shift in the application of this part of Criminal law is noted, i.e. from the real-life situations to the Internet “likes” and “reposts”. Also, data analysis shows that part 2 of the Article 282 of the Criminal Code tends to lose relevance.

CERTAIN PROBLEMS OF SENTENCING AND APPLICATION OF OTHER MEASURES OF A CRIMINAL-LEGAL NATURE UNDER THE RUSSIAN LEGISLATION

The institution of punishment and other measures of a criminal law nature is important in the development of criminology and criminal law. However, in the scientific literature to date there is no single understanding of individual legal structures, which, of course, affects the formation of the core of the concept of punishment. The article discusses the problems of the appointment and application of other measures of a criminal law nature. Based on the analysis of scientific works of specialists in this field, the author draws conclusions that allow optimizing the categorical apparatus used in law enforcement. A new approach is given to the disclosure of the term “punishment”, the position is justified, according to which the institution of punishment can only be studied through the prism of correlation with criminal law measures. The article discloses the problems of differentiation of the generic and species characteristics of criminal law measures as measures of state coercion, expressed in restrictions or deprivation of the rights and freedoms of a person who actually committed a socially dangerous act, provided for by the Special Part of the Criminal Code of the Russian Federation, in order to prevent its re-commission. The author constructs a complex of criminal legal measures, which include compulsory medical measures, confiscation of property, compulsory measures of educational influence, restrictions applied to those conditionally released from punishment. Each element of the presented system is revealed in the heuristic plane.

ЗНАЧЕННЯ ТА СУТЬ ПОВЕРНЕННЯ ОБВИНУВАЛЬНОГО АКТА ТА КЛОПОТАННЯ ПРО ЗАСТОСУВАННЯ ПРИМУСОВИХ ЗАХОДІВ МЕДИЧНОГО АБО ВИХОВНОГО ХАРАКТЕРУ ПРОКУРОРУ

Purpose. The purpose is to investigate the essence of the return of the indictment and the request for the use of compulsory measures of medical or educational nature of the prosecutor and the identification of its significance in criminal proceedings. Methods. The methods used are analysis, synthesis, comparison, analytical and statistical. Results. It is established that the importance of the institute for the return of the indictment, the institute for the return of the request for the use of compulsory measures of a medical nature and the institution for the return of the petition for the use of compulsory measures of educational nature of the prosecutor, if they do not meet the requirements of the CPC of Ukraine in the system of current norms of the CPC of Ukraine and generally accepted principles and norms of international law, should be considered as important elements of the mechanism for ensuring a human right to a fair trial. The main aspects that determine their essence, such as ensuring by means of a return of the indictment by the court, a request for the use of compulsory measures of a medical nature and a petition for the use of compulsory measures of educational nature of the prosecutor on the constitutional rights of the accused and the victim for judicial protection and access to justice, as well as realization of other principles of criminal proceedings. It is stated that after analysing the legislative regulation of existing institutes of returning to court proceedings in the first instance, their limited regulatory consolidation, which could lead to abuses of pre-trial investigation, delaying consideration, violation of the rights and interests of participants in criminal proceedings. Conclusions. It is recommended to formalize (to standardize) the reasons for the return of the indictment, the request for the use of compulsory measures of a medical or educational nature of the prosecutor, to establish clearly defined deadlines for eliminating the identified deficiencies, and to legislatively establish the duty of the prosecutor to immediately send the indictment, a request for the use of compulsory medical or educational measures character to the court after eliminating the identified shortcomings.

Prevention of Dangerous Acts of Persons with Mental Disorders: Organization, Statistics, Trends

Dangerous and violent acts of mentally disordered persons that pose a threat to the health and lives of people around them frequently attract the media attention and become a subject of public debates. Prevention of such actions is one of the most important tasks of the psychiatric care system. This article describes the organization of psychiatric prevention at federal and regional levels, involving all medical organizations that provide outpatient and inpatient psychiatric care. The primary focus is on forensic psychiatric prevention of dangerous behavior of the mentally ill. One of the forms of preventive measures is active dispensary observation of patients prone to dangerous acts due to their mental condition. This observation is carried out by medical organizations together with the internal affairs’ agencies. However, the key issue of forensic psychiatric prevention is the execution of the compulsory medical measures imposed by the court and provided for by the Criminal Code of the Russian Federation. Besides, the measures aimed at preventing repeat crimes also include psychiatric care of convicts as a separate branch of forensic psychiatric prevention. The authors present the data of ten-year monitoring of medical services that make it possible to assess the scope, main directions and effectiveness of prevention. This investigation uses the data from the state statistical reports for the Russian Federation and the subjects of the Russian Federation from 2008 to 2017. On this basis, the authors identify the trends in prevention of the dangerous acts of mentally disordered offenders in the psychiatric care system and formulate the main directions for the improvement. In this connection, the authors pay special attention to the use of standardized risk assessment tools to predict dangerous behavior of the mentally ill as one of the ways to increase the effectiveness of psychiatric prevention. Such tools are widely used in foreign forensic psychiatric practice, as well as in criminal justice institutions. The authors describe principal methodological approaches to the development of such tools in foreign and domestic research. According to the authors, the use of such techniques for the risk assessment of dangerous behavior in mentally disordered persons and the development of individual medical and rehabilitation plans on their basis would expand the possibilities for forensic psychiatric prevention.