Compulsory medical measures and their application. Types of coercive measures of a medical nature

In modern society, a huge number of crimes are committed daily. They can have different causes, severity, consequences. Some of them are committed by criminals intentionally, with a certain intent. But there are also such offenses that are carried out unconsciously, due to a mental disorder. Standard criminal punishment cannot be applied to such people . In this case, compulsory medical measures are considered relevant.

General concept

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

Compulsory medical measures are only entitled to be established by a court after consultation with a group of specialists. Such relations are regulated by the criminal code and executive legislation.

The application of compulsory medical measures is carried out for mentally unhealthy people who cannot be imprisoned for their actions. The impact has the character of therapeutic treatment in closed institutions.

What are the reasons for choosing such measures?

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

• the act committed by the person is provided for in the Special Section of the Criminal Code and was committed in a state of insanity;
• as a result of a crime, a person develops a mental disorder in which imprisonment cannot be assigned;
• public danger of a person;
• the need for the treatment of substance abuse, drug addiction, alcoholism or other pathology associated with such addictions.

If there is no serious threat from the violator of the norms of the legislation, then compulsory medical measures are not prescribed.

PMMX goals

Now you should understand why the court makes such a decision. The following goals of compulsory medical measures can be distinguished:

1. Protective. It should protect society from the unlawful behavior of a mentally unhealthy person, which carries danger to others. It should be noted that the actions of the attacker are due to pathological changes in the psyche.
2. Socializing. Since the offender does not act against the foundations of society of his own free will, but as a result of the disease, it is necessary to help him return to normal life. He cannot do this on his own.
3. Preventive. The court, by its decision, is trying to prevent this person from committing repeated crimes.

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

To whom might such coercion be intended?

There are several categories of people to whom such punishment can be applied. The proceedings on the application of compulsory medical measures are fair to such violators:

1. Insane. At the time of the execution of the act that violates the law, they were in an altered mental state due to a chronic, temporary, stationary disorder. Due to the disease, a person could not exercise control over what he was doing, or realize the consequences and nature of his own 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 during the implementation of illegal actions, and after that, such a person cannot adequately assess his actions, really realize the consequences of his actions.

2. Limited 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 sanity. Awareness of their actions is present, but it is limited. There are grounds for compulsory medical measures for such persons; supervision of specialists is prescribed together with criminal punishment.

3. Persons in whom a mental disorder occurred after the atrocity or at the stage of pre-trial investigation (court hearing), imprisonment. In this case, the offender may be released from serving the sentence. Moreover, he must be under the vigilant control of specialists.

Symptoms of PMMX

The application of coercive measures differs from other types of punishment in some features:

• The conditions in which the offender will be present must be such that he cannot harm himself or others during the treatment period.
• Such measures are enforced. Moreover, the opinion of the person or his legal representatives (guardians) is not taken into account.
• Their purpose is based on an assessment of the depth of the damage to the psyche, the severity of the committed act, and also on the prognosis of the subsequent development of the disorder. It also takes into account how dangerous the violator can be to society.
• Only the court can deal with the appointment, amendment or termination of such measures. In this case, the conclusion of a psychiatric examination is not fundamental in making a decision. The judge may accept this information or reject it at its sole discretion.
• The use of coercive measures of a medical nature must be tied to the principle of tactful and careful attitude to the identity of the offender. Only the necessary sufficiency of coercion is allowed, in which the person can be helped to socialize and prevent the repetition of negative actions.

PMMX Features

So, as directed by the Criminal Code, compulsory medical measures are that form of state coercion, which is insignificant, but limits the rights of the patient. Naturally, the use of such treatment has its own specifics:

• There is no way to establish the period for which the patient will need the help of psychiatrists. The fact is that even the most experienced doctor will not be able to predict the time and effectiveness of the cure.
• The state of mental health of the patient throughout the entire period of therapy can vary significantly, both for better and for worse.
• Legal regulation of such decisions is rather problematic. A lot depends on the prison service, the opinions and conscientiousness of doctors.
• There is no single document in which all conditions of movement and detention of persons with mental problems are precisely recorded. This in some cases can lead to a violation of the rights of the patient.

The execution of the measures presented is carried out after the court ruling in the specified institution. The decision (compulsory medical measures cannot be applied forever) often changes. Periodically, the forensic medical commission may re-examine the offender. This is necessary in order to constantly monitor changes in the patient’s state of health and to change or cancel the measure presented in time.

Monitoring enforcement of compulsory treatment also falls on the shoulders of the judiciary. It is fixed in several documents. The first of these is the decision on the validity of MX enforcement measures. In the second, the terms of repeated examinations of the person are fixed, and the timeliness of further actions to terminate, amend or extend such measures is also prescribed.

Types of PMMX

Now you need to understand where and how the treatment occurs. First of all, keep in mind that places are chosen only by the court. Moreover, the state of mind of the offender, as well as the level of his social danger, is of great importance . The judge may motivate the implementation of compulsory medical measures of a medical nature by an expert opinion 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 outpatient monitoring. It is held in a private psychiatric hospital or department of another healthcare institution. It does not require special conditions and additional protective measures, while the person is not here permanently. Such treatment is prescribed to a person who, by the state of his psyche, does not need stationary monitoring. The fact is that it does not pose a serious danger to the environment. In turn, he is obliged to regularly undergo examinations by a psychiatrist and take the prescribed treatment. Such assistance is provided at the place of residence or without interruption from serving a sentence. If the patient is not assigned to imprisonment, then a psychiatrist can visit him at home.
2. Compulsory treatment in an ordinary psychiatric hospital. Those violators who cannot undergo outpatient therapy are placed here, but they do not need intensive monitoring. Such people at large retain the likelihood of atrocities, even if the general 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 whose main function is not the enforcement of coercive measures.
3. Assistance in a specialized psychiatric hospital. It is precisely those persons who are sent for correction by the court to such an institution. They require constant monitoring, as they can be very dangerous for the environment. The specified institution requires not only additional medical personnel, but also its own security.
4. Treatment in a custodial institution with special supervision. It contains violators who pose an extreme danger to society and to themselves. They need intensive observation. Such individuals may suffer from dementia or chronic disorders. They are capable of repeatedly committing especially serious atrocities, violating the hospital regime and attacking personnel.

In some countries there is a special type of compulsory treatment - castration. This applies to perpetrators of sexual violence with particular cruelty, against minor or young children. This castration is performed with the help of special medications that help to inhibit sexual desire.

These types of coercive measures of a medical nature are often applied to almost all offenders with mental problems. However, the last type of assistance cannot be assigned to children under 16 years of age.

Procedure for renewing MPH

Proceedings on the application of medical measures may be returned to court more than once. The fact is that when a decision is made, the exact term for the completion of treatment is not indicated. The court cannot know exactly when the patient will improve or completely recover. The first survey after the appointment of the measures presented is carried out six months later. It can be initiated by both the attending physician and the patient himself or his relative (legal representative). The conclusion of the commission may be the basis for the cancellation or extension of previously established measures.

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

There are cases when cases involving the use of compulsory medical measures are reviewed on an extraordinary basis. For example, if a person has a significant improvement in his mental state.

PMMX Termination Procedure

Cases of the use of compulsory medical measures may be reviewed until a decision to repeal them appears. If the person who committed the crime has a significant improvement in the state of the psyche, then treatment can be completed. That is, the grounds for its use disappear.

It should be noted that changes in the state of health can help mitigate the decision of a judge or impose a stricter sentence. At the same time, the conclusion of forensic psychiatric experts is not significant. The court may or may not take it into account at its sole discretion.

If the decision was made by the competent authorities towards the abolition of the PMH, then the corresponding decision should be transmitted to the local health authorities. Here, a decision has already been made to send the offender to a regular medical institution.

There are times when a person who committed a crime, despite a court decision, may consider that he still needs medical attention. In this case, at his own request, the patient may remain to continue therapy. Moreover, he has the opportunity to choose. The patient may undergo treatment where previously, or choose another institution.

After the treatment is canceled, the offender can serve a more severe punishment, which involves restriction or imprisonment.

Features of treatment in conjunction with serving a criminal sentence

There are cases that the disorder happened after the commission of the act or it does not exclude the sanity of the person. In this case, criminal penalties may be imposed along with compulsory treatment. Most often, such sentences are imposed on partially sane patients, alcoholics and drug addicts who need to get rid of addiction.

After completion of mental rehabilitation, the person continues to serve the appointed term of imprisonment. However, if the offender continued therapy at the end of his stay in prison, then compulsory treatment does not automatically stop. For its cancellation, a medical examination and a court decision are necessary.

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

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