About the legal nature of the application of coercive measures to the person in respect of whom the proceedings on application of compulsory measures of a medical nature are conducted

Бесплатный доступ

Introduction: the article discusses the possibility of applying to a person suffering from a mental disorder preventive measures and other procedural measures of coercion, as well as the legal nature of the placement of the person in a psychiatric hospital in the framework of criminal proceedings. Materials and methods: the materials of the study were the norms of the Russian legislation regulating the application of criminal procedural measures of coercion to a person against whom the proceedings on the application of coercive measures of a medical nature are conducted, scientific publications of researchers, as well as materials of judicial practice on the topic of the research. When writing the article we used normative-logical, formal-legal, comparative-legal and other methods. Results: the article considers the possibility of applying preventive measures to persons suffering from mental disorder, presents the legal positions of researchers and judicial authorities relating to the problems under consideration, as well as the author's position on the solution of this issue. Summary and conclusions: the legal nature of the placement of a person suffering from a mental disorder in a medical organization providing psychiatric care in stationary conditions in the framework of criminal proceedings is determined. The author substantiates the conclusion about the attribution of this procedural measure to other coercive measures.

Еще

Measures of procedural coercion; preventive measures; a person against whom proceedings on the application of coercive measures of a medical nature are conducted

Короткий адрес: https://sciup.org/143166723

IDR: 143166723   |   DOI: 10.24411/2312-3184-2019-10008

Статья научная