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Art. 102 of the Criminal Code: comments and features

The use of compulsory medical measures is carried out under judicial control instance. The procedure for their termination, extension or amendment shall be governed by Art. 102 P of the Criminal Code, decisions are made solely on the recommendation of the management of the institution that conducts compulsory treatment. The relevant application is compiled on the basis of a conclusion from the medical board. This requirement is established in Art. 102 h. 1 of the Criminal Code. st 102 uk rf

Survey

In Art. 102 h. 2 of the Criminal Code of the Russian Federation provides for the procedure for conducting a survey of a subject who has been assigned a compulsory medical measure. A person shall be examined at least once every six months. On the basis of the examination, the issue of sending a submission to the judicial authority about changing or stopping treatment is decided. The examination is carried out at the initiative of the doctor or the subject (his representative or relative). The application is sent through the leadership of the medical organization or the criminal-executive inspection, which monitors the application of these measures regardless of the time of the last examination. If there are no grounds for terminating or changing the treatment, the administration of the organization or the UII submits a conclusion on its extension.

Expertise

It is appointed by the court, regardless of the period of the last survey and the decision taken to end the application of coercive measures. The petition is submitted as the basis, sent no later than six months before the expiration of the sentence of the administration of the medical institution. An examination is appointed to identify the need to apply coercive measures to the subject in the future. In particular, we are talking about the time of release on parole, regarding the serving of another sentence (softer) or after the end of the imputed term. st 102 p uk rf

Additionally

In accordance with Art. 102 of the Criminal Code, decisions to terminate or change compulsory medical measures are taken in such a condition of the subject in which there is no need for subsequent medical exposure, or when you need to choose another method. Upon completion of treatment, the judicial authority may transfer the case file in respect of the person who passed it to the executive federal body in the field of health care. The authorized structure, in turn, decides on the continuation of treatment of the subject in a psychiatric clinic or in-patient welfare institution for citizens suffering from nervous disorders. st 102 uk rf murder

Art. 102 of the Criminal Code with comments

Article 97 of the Code defines persons to whom coercive medical measures may be applied. Moreover, the time during which subjects can be treated is not limited. However, the law provides for specific deadlines for the examination by psychiatrists. This is necessary so that compulsory treatment for insane criminals or patients with mental disorders after the act does not turn into indefinite. The results of the examination, regardless of the conclusions reached by the commission, the administration of the medical institution sends to the court. The institution, in turn, makes the appropriate decision.

The subject undergoing compulsory treatment, in accordance with Art. 102 of the Criminal Code, is subject to compulsory examination at least once every six months. In the absence of grounds for sending a submission to the judicial authority to terminate or amend a medical measure, a submission to extend the sentence shall be sent to the court. In Art.102 of the Criminal Code of the Russian Federation it was established that treatment is continued for the first time after six months from the date of its start. Subsequent renewal is carried out annually.  St 102 h 2 UK rf

Important point

Coercive measures are prescribed to cure the subject who committed the act of danger, reduce or eliminate the threat posed by him. In this regard, it is extremely problematic to determine in advance precisely the period during which the desired result will be achieved. Therefore, the compulsory treatment prescribed by the court lasts until the state of the subject makes it impossible to conclude that the person’s health and public danger are reduced, including for himself, when it becomes possible to change the medical effect or completely cancel it.

Process specifics

If the condition of the subject changes and there is a need to prescribe a different medical measure (both more and less severe), the initial type of exposure can be changed. This process, as well as the cessation of treatment, according to Art. 102 of the Criminal Code of the Russian Federation is carried out by the court at the request of the leadership of a psychiatric institution.

The submission is sent on the basis of the conclusion drawn up by the medical commission. The issue of completion or change of punishment is decided on the principle of graduation. It consists in the gradual transition of measures from more to less strict with their subsequent cancellation. If the condition of the person improves, which entails a reduction in his danger to both others and himself, the court can change the previously appointed measure and refer the subject to outpatient treatment and observation by a psychiatrist. If there is no need to continue the medical effect, the question of its completion is decided. Relevant grounds may appear during the survey. Discontinuation of treatment may also be initiated by the supervisor. The decision on the completion of the application of measures, in accordance with Art. 102 of the Criminal Code, falls within the competence of the court. St 102 h 1 UK rf

Special cases

Federal Law No. 14 supplemented the article under review with Part 2.1. In accordance with its provisions, on the basis of a petition sent no later than six months before the deadline for the execution of the imposed punishment, the court orders a psychiatric examination in respect of the person who committed a crime against the sexual inviolability of a minor who is under 14 years old and suffering from pedophilia at the age of 18 and over. (disorder of sexual preference), not excluding sanity. This procedure is performed regardless of the period of the last examination and the decision on the completion of compulsory treatment. An examination is necessary to establish or exclude the need to apply medical treatment to a specified person during parole or after release, as well as when serving a milder sentence. Based on the opinion, the court may impose a coercive measure in the form outpatient treatment and observation either discontinued treatment. st 102 uk rf with comments

Conclusion

A person who has committed a crime posing a danger to society may be sent to specialized medical institutions for compulsory treatment on the basis of Art. 102 of the Criminal Code. Murder, rape or other serious act may be the result of a mental disorder of the perpetrator. To determine sanity in the framework of criminal proceedings psychiatric examination. In accordance with the findings of the experts, the court decides on the appointment of the ordinary punishment provided for in the relevant article or on the placement of a person in a medical institution.


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