Compulsory medical measures are actions aimed at treating citizens who have committed acts recognized as especially dangerous to society (for example, murder). Article 102 of the Criminal Code of the Russian Federation enshrines the features of changing the term and nature of these measures.
It must be said that compulsory treatment does not act as a criminal punishment. It does not have a negative assessment of the actions of the guilty person, and the grounds and goals differ significantly from the tasks and reasons for imposing sanctions.
Consider further Art. 102 of the Criminal Code.
Criminal Code of the Russian Federation: Compulsory Treatment
The list of circumstances leading to the application of compulsory medical measures (PMMX) to a citizen is exhaustive and is given in 1 part 97 of the norm of the Criminal Code. The court has the right to prescribe compulsory treatment to the subjects of:
- Who committed the crimes established by the Special Part of the Code in an insane state.
- In which, after the act, a mental disorder has occurred that impedes the appointment and execution of punishment.
- Having committed an infringement and having mental disorders that do not exclude sanity.
- Involved in acts encroaching on the sexual inviolability of citizens whose age is less than 14 years old, suffering from pedophilia, not excluding sanity. In this case, the PMMX applies to adults.
Terms and Conditions
The above measures are applied to subjects only when mental disorders are associated with the likelihood of them causing other significant harm or with danger both to others and to themselves.
The goals of compulsory treatment are:
- Healing or improving the condition of these individuals.
- Prevention of the commission of new acts.
Change in duration and nature of measures
The use of compulsory treatment is under special judicial control. Criminal law provides for the extension, amendment and termination of the application of coercive measures of a medical nature. In Art. 102 of the Criminal Code, in part 1 it is established that the consideration of relevant issues is carried out by the judicial authority upon presentation:
- Guidelines of the medical institution providing the treatment.
- Inspection monitoring the implementation of the PMMX.
The medical report of the medical commission is the basis for the implementation of the provisions of Art. 102 of the Criminal Code.
Article No. 102 establishes the frequency of examination of a person placed on compulsory treatment. It is performed at least once every six months. Survey is necessary to resolve the issue of termination or amendment of the PMMX. In addition, a periodic examination excludes the transformation of compulsory treatment into indefinite stay in a medical institution.
Grounds for examination
Inspection, according to Art. 102 of the Criminal Code of the Russian Federation , is initiated by a doctor who monitors a subject undergoing compulsory treatment. In addition, the relevant application may be sent by the citizen himself, his relatives or representatives.
The request for an examination is submitted to the leadership of the medical institution or to the administration of the executive inspectorate that monitors the application of the measure. At the same time, the time of the last inspection does not matter.
Extension measure
Regardless of the conclusions reached by the medical commission during the examination, its results are sent to the court.
In the absence of grounds for changing / terminating compulsory treatment, the administration of a medical institution, in accordance with Art. 102 of the Criminal Code , sends the court a conclusion on its extension. In this case, the first increase in the length of stay in the hospital is carried out for six months, the next - annually.
Nuances
As you know, the provisions of the Criminal Code of the Russian Federation often become the subject of study by higher courts (Supreme Court, Constitutional Court) . With comments to Art. 102 of the Criminal Code can be found by studying a number of definitions made during the consideration of cases. So, in the decision of the Constitutional Court No. 142-O-O of 2007, it was recognized that the provisions of the analyzed norm on the extension of the compulsory decision were recognized as complying with the Constitution.
Quite often, relatives of persons placed in medical facilities dispute the decision to increase the duration of use of PMMX. Meanwhile, it was said above that these citizens have the right to send a request for a change in treatment, regardless of the time of the examination. Moreover, having read the comments on Art. 102 of the Criminal Code , it can be concluded that the applicants for the examination cannot be refused. As for the objectivity of the conclusion of the medical commission, its assessment is carried out by the court.
Modification / termination of measures: general information
Correction or completion of compulsory treatment is carried out if the grounds for the subsequent application of the previously prescribed measure have disappeared.
When implementing the provisions of Article 102 of the Criminal Code, it is necessary to take into account that medical coercive measures are aimed at ridding a citizen of a mental disorder, eliminating or reducing the degree of his danger. Accordingly, it is extremely difficult to determine in advance the length of time a subject stays in a medical facility. In this regard, compulsory treatment will continue until the person's condition improves to such an extent that a change or cancellation of the measure becomes possible.
Features of treatment adjustment
In the event of a change in the state of a citizen being treated, it becomes necessary to change the medical measure applied to him. At the same time, the adjustment can be carried out both in the direction of softening and tightening.
In practice, a change in compulsory treatment is usually carried out in stages. This, in particular, is about the gradual easing of measures until they are completely canceled.
Accordingly, if a real improvement in the condition of a citizen is recorded, entailing a decrease in the level of his danger to society, the need to stay in a hospital disappears. The court, in turn, after evaluating the findings of the commission, has the right to change the previously provided measure and prescribe, for example, outpatient treatment and supervision by a psychiatrist.
Discontinuation of Measures
If a person has a recovery (due to the effectiveness of the treatment or for other reasons) and there is no need to keep him in the hospital, the question of the possibility of stopping treatment is decided. It can occur during the examination of a patient within the time period established with t. 102 of the Criminal Code of the Russian Federation , and on the initiative of a doctor who observes the patient.
The solution of this issue is within the competence of the court.
At the same time, one should consider recovery as such an improvement in the state of a citizen, in which he begins to realize his behavior and direct the actions he performs.
Special cases
In Art. 102 of the Criminal Code of the Russian Federation there is part 2.1 introduced into the norm on the basis of the provisions of Law No. 14 of February 29. 2012 year
The specified part establishes that the court appoints a forensic psychiatric examination in relation to the citizen referred to in paragraph "e" of Part 1 of Article 97 of the Code. The reason for this is the petition of the head of the penal institution sent no later than 6 months. until the end of the period of compulsory treatment.
The purpose of this examination does not depend on the time of the last medical examination and the decision to end the application. The procedure is carried out to determine the feasibility of placing a citizen on compulsory treatment during conditional early release or the execution of a milder sentence or after his departure.
On the basis of a medical report obtained from the results of the examination, the court has the right to appoint a compulsory medical measure in the form of outpatient monitoring with a mandatory visit to a psychiatrist or cancel it.
It should be noted that the legislator has retroacted the provisions of Part 2.1. Their effect applies only to persons convicted of imprisonment for sexual assault of persons under 14 years of age committed before the entry into force of Federal Law No. 14.