The concept and types of coercive measures of a medical nature, their features, characteristics and application (Criminal Code of the Russian Federation). A type of compulsory medical measure is ...

Almost every day in our country and in the world there are such citizens who do not consider the observance of laws mandatory and commit various illegal acts. According to the Criminal Code, punishment must be followed for each crime, which can be completely different. The judge takes into account not only the gravity of the crime, but also the personality of the defendant, his state of health. Quite often it happens when a citizen of our country commits a crime, being in an inadequate state, not completely realizing what he is doing. In such cases, take types of coercive measures of a medical nature. We will analyze in detail in which cases they do this, what kind of measures they are and what are the features of such an impact.

Medical measures are ...

Typically, medical coercive measures include sanctions, which are both legal and medical. Legal, because they are determined by law, and medical - are of a medical nature, since psychiatrists cannot do without recommendations and consultations.

They are prescribed by law and consist in the provision of medical assistance and protection by force to citizens who have committed unlawful acts, but have various mental disorders. Such pathologies can be dangerous not only for the person himself, but also for those around him, which is why the Criminal Code of the Russian Federation implies types of compulsory medical measures.

The Code spells out in detail on what basis such measures are applied, the procedure for their appointment and their varieties. Further we will consider all these issues.

Signs of medical measures

The peculiarity of such measures lies in their content, which has its own distinctive features:

1. All types of coercive measures of a medical nature under criminal law should be implemented in conditions that will be absolutely safe both for those around and for the patient himself.
2. Such measures are applied on the basis of a court decision by force, without taking into account the opinion of the defendant or his relatives.
3. The types of compulsory medical measures, the duration and termination of their use are determined taking into account the severity of the mental state, as well as the danger to society and the forecast for the future.
4. Only the court can prescribe medical measures, decide on their continuation or change. All psychological and psychiatric conclusions attached to the case file are examined by the judge in conjunction with other evidence.

1. An important principle in the application of medical measures is the least possible coercion of the patient.

Based on this, it can be argued that the types of coercive measures of a medical nature and their application are a kind of complex medical and legal institution. It is built around the enforcement of measures, the grounds for which are provided for in criminal law.

On what grounds are measures appointed

There is article 97 in the Criminal Code of the Russian Federation. Types of compulsory medical measures and the grounds for their use are determined precisely by it.This article establishes that such a punishment may be imposed by a court in relation to the following persons:

1. First of all, this article includes persons who committed an unlawful act in an insane state. They do not realize the whole danger of their actions and actions, therefore they are not threatened with criminal liability. According to the law, it is considered that the application of punishment to such citizens would be unfair, because a person is completely unaware of his guilt.
2. The second category includes citizens with mental disorders that arose after the commission of an illegal act. The court will release such persons from punishment or it will be canceled if the offender is already in prison.
3. The perpetrators of the crimes already have mental abnormalities. But they can be insignificant, but limiting the understanding of their actions. Such persons are prescribed compulsory treatment by a psychiatrist, while the criminal punishment is not canceled.

Whatever category the persons belong to, they have similar signs:

• There is a mental disorder.
• Committed a criminal act.
• The court recognized the need for their psychiatric treatment.

Based on the foregoing, we can conclude that the subjects of such measures are 4 categories of persons:

• 1st - insane citizens who have committed a crime, already in a state of mental disorder.
• The 2nd category includes sane subjects in which a mental disorder is detected after the commission of an unlawful act.
• 3rd category - these are persons with mental disabilities, but who are sane.
• 4th category - these are the persons who committed criminal acts, being drunk or under the influence of drugs, and in need of compulsory treatment. The legislative characteristics of such persons include a legal criterion (the ability to act consciously, committing a crime) and medical (there is alcoholism or drug addiction).

Even the presence of all these signs does not mean the mandatory treatment. It is prescribed in the case when mental disorders can cause harm not only to themselves, but also to their surroundings.

The goal pursued by medical measures

How many types of coercive measures of a medical nature exist, we will consider further, and now it is necessary to find out what goals their application pursues:

1. A cure for a person who has committed a crime and has a mental illness.
2. Different types of coercive measures of a medical nature are also used for qualitative changes in the psyche for the better, which are manifested in the disappearance of the symptoms of the disease.
3. Not to allow the citizen to re-commit new illegal actions, because such measures lead to the fact that a person becomes completely not dangerous both for others and for himself.

The types and procedure for applying compulsory medical measures are prescribed in Chapter 15 of the Criminal Code. Their peculiarity is the absence of criminal punishment, which means that no criminal record or other consequences will follow. But they can be applied only by court order and to those who committed the crime.

Medical measures: general with criminal law exposure

Whatever types of coercive measures of a medical nature we consider, all of them relate to forms of criminal punishment. This can be explained by the fact that these and other measures of legal influence are similar in some respects:

• Apply them to criminals.

• Such measures, like another type of punishment, are mandatory.
• Associated with various hardships and restrictions.
• They are a consequence of a violation of the Criminal Code.

But it must be clarified that whatever the types of coercive measures of a medical nature and their features, criminal liability is not implemented.

Varieties of medical measures

Let us consider in more detail those measures that may be imposed by a court decision. There are various types of coercive measures of a medical nature; their characteristics are primarily distinguished by the regimen that is recommended to be observed and the nature of patient monitoring. There are several types:

1. Outpatient treatment by a psychiatrist. This type of measure can be prescribed if the mental state is such that a person does not need to be placed in a hospital in order to receive special treatment and care, because his danger to others is minimal.

1. Another type of coercive measure of a medical nature is a stay in a psychiatric hospital. Such a measure is taken when it is established that the nature of the disorder is such that it requires special conditions and therapy in a hospital, which can be of three types. A type of medical institution is selected by the court, while being guided by the principle of the need for the prescribed measure.
2. Therapy in a general medical facility is prescribed for persons with mental disabilities, but not requiring intensive monitoring. These usually include patients who have a general favorable therapeutic prognosis, but there is a likelihood of a recurrence of a criminal act. Such treatment can be transferred over time from a specialized hospital.
3. Compulsory therapy in a special medical institution is prescribed to citizens requiring constant monitoring. Such hospitals contain only patients who pose a danger to society, so they are provided with additional carers or guards.
4. The last type of coercive measure of a medical nature is inpatient care with intensive monitoring. Persons who are placed in such institutions are dangerous for themselves and society, therefore, they require constant monitoring. Typically, this category includes patients with a predisposition to commit serious crimes, grossly violating the regime, including an attack on medical personnel.

The law clarifies that minors who are not yet 16 years old are not referred to specialized clinics with constant monitoring.

Dates of action

When medical coercive measures are prescribed in court, their duration is not immediately established, since it is impossible to determine how long it will take to improve the patient’s state of health. Every six months, a person who is undergoing compulsory treatment is examined by a commission of psychiatrists in order to submit a decision to the court to terminate the measures or change their nature.

The commission is convened at the initiative of the attending physician, who constantly monitors the patient’s health status. In this case, it does not matter when the last survey was.

As a result of the survey, the commission may make the following conclusion:

• The person does not need further compulsory treatment, as it has almost completely recovered from the disease.
• The mental state of the patient has changed for the better, so there is a need to change the coercive measure.
• No changes in the patient's condition occur, so it is advisable to extend the compulsory treatment.

Procedure for the extension and termination of enforcement measures

We have already examined the concept and types of coercive measures of a medical nature, but they can be either discontinued or changed only at the discretion of the court, which will examine the presentation of the doctor of the medical institution in which the compulsory treatment is carried out.

If after 6 months the patient’s condition does not improve, then the administration of the medical institution sends a conclusion on the extension of compulsory treatment to the courts. The first time this can be done only six months after the start of therapy, and then annually.

The court has the right to change the type of medical treatment or discontinue it if the patient’s mental state has changed for the better so that the prescribed measure is not required or there is a need to change it.

The court can stop compulsory treatment only if, according to the conclusion of the commission of psychiatrists, the person’s condition has improved so much that the need for it disappears. If the patient’s condition, on the contrary, is aggravated, the symptoms of a mental disorder do not become less pronounced, then one measure can be replaced by another, more severe one.

It should be noted that for the court that conclusion, which is provided by psychiatrists, is not binding, all the data presented are subject to careful verification in court. As a result, the court may not agree with the arguments of the doctors, and the decision can be made contrary to medical recommendations.

It often happens when compulsory treatment is stopped, the patient can be registered in a psychiatric office or left in the same hospital on a common basis.

If the convicted person lost his mind after the decision on punishment was made, then the time spent in a psychiatric clinic is included in the sentence.

How enforcement measures are combined with the execution of sentences

Quite often there are situations when a person commits a crime while in a state of sanity, but has some mental deviations. In this case, the court may, in addition to the criminal punishment in the form of a real term, prescribe compulsory treatment by a psychiatrist. Such therapy can be carried out at the place of serving the sentence. If other types of punishment are applied to the convicted person, then the help of a psychiatrist should be provided on an outpatient basis in medical institutions.

If in the course of serving a sentence the mental state of the convicted person deteriorates so much that it becomes dangerous for himself and others, then there is a need for compulsory psychiatric treatment in a hospital of a certain type. The basis, goals and content of the measure do not entail exemption from punishment, the time spent on treatment in a specialized medical institution is counted in the total term.

If, after compulsory medical treatment, the patient's condition improves and there is no need for further application of such measures, and the term of serving the sentence is not yet over, then the convicted person will have to return to prison.

It must be clarified that if the convicted person is prescribed psychiatric treatment, and under the article under which he was convicted, an amnesty is granted, then this is not grounds for stopping therapy.

To summarize

If a person commits a crime, then, according to our legislation, he must be punished for this. The presence of mental deviations is not a reason for unlawful acts to be left unpunished. We examined the types of application of compulsory measures of a medical nature; by court decision, they can be applied to persons who are insane at the time of the commission of an unlawful act.

In each case, the type of medical effect is selected based on the severity of the unlawful violation, as well as the state of the psyche of the person who committed it.