Measures of compulsory medical nature and their application. Types of compulsory medical measures

In modern society, a large number of crimes are committed daily. They can have different causes, severity, consequences. Some of them criminals commit intentionally, with a certain intent. But there are also such offenses, which are carried out unconsciously, as a result of a mental disorder. Such people can not be subjected to standard criminal penalties. In this case, compulsory measures of a medical nature are considered relevant.

General concept

So, this is a special form of compulsion by the state, which contains legal and medical aspects. It consists that for the persons who have committed a serious crime in a state of insanity or sanity under the influence of a mental disorder, compulsory imprisonment in a medical institution can be used. In this case, specialists carry out all the necessary medical manipulations to restore the psyche and the public relations of the offender.

Measures of compulsory medical nature may be imposed only by the court after consultation with a group of specialists. Such relations are regulated by the criminal code and the executive legislation.

The use of coercive measures of a medical nature is carried out to mentally unhealthy people who, for their actions, can not be imprisoned. The impact has the nature of therapeutic treatment in closed institutions.

What are the reasons for choosing such measures?

This issue is very important when choosing punishment for a crime. Compulsory measures of a medical nature can be established by a court if such grounds are present:

• The act committed by a person is envisaged by the Special Section of the Criminal Code and committed in a state of insanity;
• As a result of a crime, a person developed a mental disorder in which imprisonment can not be imposed;
• The public danger of the person;
• Need for the treatment of substance abuse, drug addiction, alcoholism or other pathology associated with such dependencies.

If there is no serious threat from the violator of the norms of the law, then compulsory measures of medical nature are not appointed.

Goals of PMMK

Now we need to figure out why the court makes such a decision. It is possible to single out such goals of compulsory medical measures:

1. Protective. It must protect society from the wrongful conduct of a mentally unhealthy person who carries danger to others. It should be noted that the actions of the attacker are caused by pathological changes in the psyche.
2. Socializing. Since the violator acts against the foundations of society not on his own will, but because of the disease, it is necessary to help him return to normal life. Independently, he can not do this.
3. Preventive. The court, by its decision, tries to prevent the repetition of repeated crimes by this person.

In addition, compulsory medical measures are mainly needed in order to cure the disorder and stabilize the state of the psyche.

To whom can such coercion be intended?

There are several categories of people to which this punishment can be applied. The production of the application of compulsory measures of a medical nature is fair to such violators:

1. Insane. At the time of the act violating the law, they were in an altered mental state due to a chronic, temporary, stationary disorder. As a result of the disease, a person could not exercise control over what he was doing, or be aware of the consequences and nature of his actions. It should be noted that the grounds for applying coercive measures of a medical nature are present here, and they are more than sufficient. Criminal liability and punishment in this case are meaningless. The fact is that both during the illegal actions, and after that such a person can not adequately assess their actions, realistically realize the consequences of their actions.

2. Limitedly sane. That is, such violators have mental illnesses and disorders that could affect behavior and make a person socially dangerous. However, they do not exclude responsibility. Awareness of their actions is present, but it is limited. The grounds for compulsory medical measures for such persons are present, the observation of specialists is prescribed together with criminal punishment.

3. Persons who have a mental disorder occurred after the atrocity or at the stage of pre-trial investigation (trial), imprisonment. In this case, the offender can be released from serving the sentence. At the same time, he must be under the vigilant supervision of specialists.

Signs of PMMC

The use of coercive measures differs from other types of punishment in certain features:

• The conditions in which the offender will stay must be such that he can not harm himself or others during the treatment.
• Such measures are appointed forcibly. However, the opinion of the person or his legal representatives (guardians) is not taken into account.
• Their appointment is based on an assessment of the depth of the defeat of the psyche, the severity of the act, as well as the prognosis of the subsequent development of the disorder. It also takes into account the extent to which a violator can be dangerous to society.
• Only the court can deal with the appointment, change or termination of such measures. In this case, the conclusion of a psychiatric examination is not fundamental in making a decision. A judge may accept this information or reject it at his own discretion.
• The use of compulsory medical measures must be tied to the principle of tactful and careful treatment of the person of the offender. Only the necessary sufficiency of coercion is allowed, in which a person can be helped to socialize and prevent repetition of negative actions.

Features of PMMC

So, at the direction of the Criminal Code, compulsory measures of a medical nature are the form of state coercion that is insignificant, but restricts the rights of the patient. Naturally, the use of such treatment has its own specifics:

• There is no way to set a time limit for which the patient will need the help of psychiatrists. The fact is that even the most experienced doctor will not undertake to predict the time and effectiveness of the cure.
• The state of mental health of the patient throughout the period of therapy can vary significantly, both for the better and for the worse.
• Legal regulation of such decisions is quite problematic. Much depends on the penitentiary service, the opinion and conscientiousness of doctors.
• There is no single document, which accurately records all the conditions for the movement and maintenance of people with mental problems. This in some cases may cause violation of the patient's rights.

The execution of the measures submitted is carried out after the decision of the court in the specified institution. The decision (compulsory medical measures can not be used forever) often changes. Periodically, the forensic medical commission can re-examine the offender. This is necessary in order to constantly monitor changes in the patient's health status and to change or cancel the measure in time.

Control over the execution of compulsory treatment also falls on the shoulders of the judiciary. It is recorded in several documents. The first of these is the decision of the validity of the coercive measures of the MX. The second fixes the terms of repeated examinations of the person, and also specifies the timeliness of further actions for termination, modification or extension of such measures.

Types of PMMC

Now we need to figure out where and how treatment works. First of all, please note that seats are elected only by the court. At the same time, the state of the violator's psyche, as well as the level of his public danger, is of great importance . The judge can motivate the production of compulsory medical measures by an expert's conclusion on the health of the accused. Although he may not rely on the opinion of doctors.

There are such types of compulsory medical measures:

1. Assistance and follow-up on an outpatient basis. It is conducted in a general psychiatric hospital or in a department of another health care institution. It does not require special conditions and additional security measures, while the person is not here permanently. Such treatment is prescribed to a person who, according to his state of mind, does not need in-patient observation. The fact is that it does not pose a serious danger to the environment. In turn, he is obliged to regularly undergo examinations of a psychiatrist and take prescribed treatment. Such assistance is provided at the place of residence or without separation from serving the sentence. If the patient is not sentenced to deprivation of liberty, then the psychiatrist can visit him at home.
2. Forced treatment in an ordinary psychiatric hospital. These include those violators who can not receive therapy on an outpatient basis, but they do not need intensive monitoring. Such people at large retain the likelihood of committing atrocities, even if the overall prognosis of their condition is positive. However, during observation there is no need for special conditions. That is, a person can freely move in a hospital. Treatment is carried out in those institutions, the main function of which is not the enforcement of coercive measures.
3. Assistance in a specialized psychiatric hospital. In such an institution are those who are sent to rectify by the court. They require constant monitoring, as they can be very dangerous for the environment. This institution requires the presence not only of additional medical personnel, but also of its own protection.
4. Treatment in a well-established institution with special supervision. There are violators, who present an extreme danger to society and for themselves. They need intensive observation. Such persons may suffer from dementia or chronic disorders. They can repeatedly commit particularly serious atrocities, violate the hospital regime and attack personnel.

In some countries there is a special kind of compulsory treatment - castration. This applies to people who have committed sexual violence with particular cruelty, over minors or young children. Such castration is performed with the help of special medicines, which contribute to the suppression of sexual attraction.

Such types of compulsory medical measures are often applied to virtually all violators with mental problems. However, the last type of assistance can not be assigned to children under 16 years of age.

The procedure for extending the IPC

The production of the application of medical measures can be returned to the court repeatedly. The fact is that the decision does not specify the exact date of completion of treatment. The court can not know exactly when the patient will have an improvement or a complete cure. The first survey after the appointment of the measures submitted is carried out after six months. It can be initiated both by the attending physician, and by the patient himself or by his relative (legal representative). The conclusion of the commission in this case may become the basis for the cancellation or extension of previously established measures.

If the patient's condition did not improve by the time of the examination, then, most likely, a decision will be taken to extend the treatment presented. It should be noted that subsequent revisions and examinations of the person are held in a year.

There are cases when cases of applying compulsory measures of a medical nature are reviewed on an ad hoc basis. For example, if a person has a significant improvement in mental state.

The order of termination of the PMMC

The cases of applying compulsory medical measures can be reviewed until a decision is made to abolish them. If the person who committed the crime has a significant improvement in the state of the psyche, then the treatment can be completed. That is, the reasons for its use disappear.

It should be noted that changes in the state of health can help to soften the decision of the judge or the appointment of a more severe punishment. At the same time, the conclusion of forensic psychiatrists is not of great importance. The court may or may not take it into account at its own discretion.

If the decision was made by the competent authorities towards the abolition of the PMMC, then the corresponding decision should be submitted to the local health authorities. Here it is already decided to send the offender to a regular medical institution.

There are times when a person who committed a crime, in spite of a court decision, may consider that he still needs medical help. In this case, at his own request, the patient may remain to continue therapy. In doing so, he has the opportunity to choose. The patient can undergo treatment there, where earlier, or choose another institution.

After the abolition of treatment, the offender may serve a more severe punishment, which involves restriction or deprivation of liberty.

Features of the treatment in conjunction with serving a criminal sentence

There are cases when the disorder has occurred after the commission of the act or it does not exclude the sanity of the person. In this case, criminal punishment can be prescribed along with compulsory treatment. Most often, such sentences are passed on to partially sane patients, alcoholics and drug addicts who need to get rid of addiction.

After the completion of mental rehabilitation, the person continues to serve the appointed term of imprisonment. However, if the offender continues the therapy at the time of the end of his stay in prison, compulsory treatment does not automatically cease. To cancel it, you need a medical examination and a court decision.

Therapy can be carried out in the institution where the offender is serving time, or in a special institution. In this case, there is one feature. The time that the offender will stay on treatment is counted in the criminal term when he is appointed or reinstated. The calculation is as follows: day of compulsory treatment - day of imprisonment in prison.

That's all the features of this topic. Be law-abiding. Good luck!