Art. 196 Code of Criminal Procedure with comments

In Art. 196 Code of Criminal Procedure recorded cases in which the implementation of a forensic examination is mandatory. Under this procedure understand the investigative action aimed at studying the conditions of persons involved in the case, and the reasons by which they are determined. We consider in detail Art. 196 Code of Criminal Procedure with comments.

The content of the norm

According to Art. 196 of the Code of Criminal Procedure of the Russian Federation, the appointment and execution of an examination is considered mandatory if it is required to establish:

1. The cause of death.
2. The degree and nature of damage to health
3. Psychophysical state of the accused / suspects. The need for this is due to the presence of doubts about sanity or the ability to independently protect their rights and interests in the framework of legal proceedings.
4. The psychophysical state of the victim. This need is due to the presence of doubts about the person’s ability to correctly understand the circumstances that are essential to the proceedings and to give true testimonies.
5. The age of the victim, the accused / suspect, if it matters to the case, while there are no relevant documents.
   

Additionally

P. 3 Art. 196 Code of Criminal Procedure has two subparagraphs. They clarify the grounds on which the examination is carried out in respect of suspects / accused. So, according to paragraph 3.1, the procedure is assigned to determine the mental state of adults in cases of sexual abuse of minors under 14 years old. The procedure is aimed at establishing the presence / absence of the accused / suspected tendency to pedophilia. P. 3.2 Art. 196 of the Code of Criminal Procedure of the Russian Federation establishes the obligation to carry out an examination in relation to persons allegedly ill with drug addiction.

Explanations

The case file may contain documents that reflect the results of studies conducted previously. If they were carried out outside the criminal proceedings and, therefore, without warning the specialist about liability under Article 307, the obligation to order an examination from the court or preliminary investigation bodies is not removed. Acts, certificates and other documents fixing the results of a departmental or other examination obtained at the request of these structures are not considered as expert opinions and are not grounds for refusing to carry out the procedure.

So, in the materials of the case on causing damage to health, as a result of which the victim died, there must be an act of a forensic expert on the severity, nature, mechanism of this damage. This document cannot replace the conclusion of the examination of the corpse of the deceased, drawn up in accordance with the provisions of the procedural code.

Grounds

In the analysis of Art. 196 of the Code of Criminal Procedure with the comments of 2015 , lawyers highlight the following facts, in the presence of which a forensic examination is mandatory:

1. Doubtful in the sanity of suspects / accused or the ability to independently protect their interests and rights at the time of production.
2. Evidence of the death of a person or damage to his health.
3. Accusation / suspicion of a person over 18 years of age, sexual assault of a minor up to 14 years of age.
4. Evidence of the use of narcotic substances by the suspect / accused.
5. Doubtful in the victim’s ability to correctly perceive circumstances essential to the production, to give truthful testimonies about them.
6. The absence in the materials of documents that can reliably establish the age of the victim, the accused / suspect.
   

Nuances

Acts of medical examination of the victim, interrogation of an expert at a meeting without the appointment of a forensic examination are not equivalent to the conclusion of a specialist. The examination procedure to establish the mental state of persons in cases where there is doubt about their sanity / ability to independently protect their interests and rights should also be appointed when the materials contain a copy of the act of a similar investigative action carried out in a different production, but in relation to this subject.

Background

Considering Art. 196 of the Code of Criminal Procedure with the comments of 2016 , the following cases can be formulated where doubts may arise regarding the sanity of the suspect / accused:

1. He is registered as suffering from a mental disorder.
2. There is evidence that a citizen was previously provided with psychiatric care. This, in particular, about cases when a person was diagnosed with a disorder, he received treatment on an outpatient basis, was placed in a specialized medical institution of a stationary type, was declared insane in another matter, unfit for service according to the relevant indications, etc.
   
3. There is information that he previously studied in institutions for persons with a lag or retardation of mental development.
4. There is information about receiving a TBI in the past.
5. The presence of strangeness in statements and actions indicating the likelihood of a mental disorder.
6. There are statements by witnesses.
7. A citizen has committed a particularly serious act, for example, a particularly brutal murder, for which an exceptional punishment (execution) is provided.

There are doubts about sanity, as well as the ability to defend oneself independently and, accordingly, the grounds for application with t. 196 of the Code of Criminal Procedure of the Russian Federation , of course, if the materials contain a decision to increase the length of the preliminary investigation indicating the need for a forensic psychiatric study.

Questions to specialists

When applying Art. 196 of the Code of Criminal Procedure of the Russian Federation , experts are tasked with the solution of which allows:

1. Identify the extent and nature of the disorder at the time of the assault, during a preliminary investigation or trial.
2. To establish whether a citizen during these periods could understand the factual nature and danger of his behavioral acts, and direct his actions.

Specialists are also addressed questions regarding the discovery of a connection between a subject’s disease and a threat to others and himself, and the possibility of significant damage to them. Experts should also establish whether a citizen needs medical coercive measures against him and which ones. If there is information indicating a lag in the mental development of a person under the age of majority, a comprehensive examination is prescribed. At the same time, experts should answer the question about the impact of a person’s state on his intellectual abilities, taking into account age.

Procedure specifics

In practice, an examination aimed at establishing a mental state is carried out in respect of all persons accused / suspected of serious acts against the person. An appropriate order (decision) is issued on the appointment of the procedure. Usually, an outpatient study is performed at the first stage. If it is impossible to give an opinion at the end of it and in case of disagreement of the investigator, court, interrogating officer with the conclusions of a specialist, a stationary examination is appointed. If the information received during its conduct is insufficient, an additional examination is appointed. She can be entrusted to the same or another specialist.