102 Article of the Criminal Code. Extension, modification and termination of the use of compulsory medical measures

Compulsory medical measures are actions aimed at the treatment of citizens who have committed acts recognized as particularly dangerous to society (for example, murder). 102 Article of the Criminal Code fixes the specifics of the change in the term and nature of these measures.

It must be said that compulsory treatment is notacts as a criminal punishment. It does not have a negative evaluation of the actions of the guilty person, and the grounds and objectives differ significantly from the objectives and causes of imposition of sanctions.

Let's consider further art. 102 of the Criminal Code.

The Criminal Code of the Russian Federation: compulsory treatment

List of circumstances leading to application tothe citizen of compulsory medical measures (PMMK) is exhaustive and is listed in part 1 of the 97 norm of the Criminal Code. The court has the right to prescribe compulsory treatment to subjects:

• Those who committed crimes, established by the Special Part of the Code, are insane.
• In whom, after the act, there was a mental disorder that prevents the appointment and execution of punishment.
• Those who committed encroachment and have mental disorders that do not exclude sanity.
• Involved in acts that encroach on the sexualinviolability of citizens, whose age is less than 14 years, suffering pedophilia, not excluding sanity. In this case, PMMK is applied to adults.

Terms & Conditions

The above measures apply to subjectsonly when mental disorders are associated with the likelihood of causing them other significant harm or with a danger both to others and to themselves.

The purposes of compulsory treatment are:

• Curing or improving the condition of these individuals.
• Preventing the commission of new acts.

Change in duration and nature of measures

The use of compulsory treatment is under special judicial control. Criminal law provides for the procedure extension, modification and termination of the application of compulsory medical measures. In Art. 102 of the Criminal Code, in Part 1 establishes that the consideration of relevant issues is carried out by the judicial body on the submission:

• The manual of the medical institution that is carrying out the treatment.
• Inspection, which controls the implementation of PMMC.

The medical opinion of the medical commission is the basis for implementing the provisions Art. 102 of the Criminal Code.

Article №102 establishes the frequency of the surveyperson placed on compulsory treatment. It is performed at least once in six months. Survey is necessary to resolve the issue of termination or amendment of the PMMC. In addition, periodic inspection excludes the transformation of compulsory treatment into an indefinite stay in a medical institution.

Grounds for survey

Examination, according to Art. 102 of the Criminal Code, is carried out on the initiative of a doctor observingfor a subject under compulsory treatment. In addition, the relevant application can be sent by the citizen himself, his relatives or representatives.

Request for an examinationis transferred to the management of the medical institution or the administration of the executive inspection that controls the application of the measure. The time of the last inspection is not important.

Renewal

Regardless of the findings, which the medical commission came in during the survey, its results are sent to the court.

In the absence of grounds for changing / terminating compulsory treatment, the administration of the medical institution, according to Art. 102 of the Criminal Code, sends an opinion to the court on its extension. At the same time, the first increase in the length of stay in the hospital is carried out for six months, the subsequent - annually.

Nuances

As is known, the subject of study of the highest judicial instances (VS, KS) is often the provisions The Criminal Code of the Russian Federation. With comments to art. 102 of the Criminal Code It is possible to familiarize, having studied a number of definitions,made during the consideration of cases. Thus, in the resolution of the Constitutional Court No. 142-О-О of 2007 it was recognized that the provisions of the analyzed norm on the extension of the compulsory decision were recognized as conforming to the Constitution.

Quite often relatives of persons placed inmedical institutions, challenge the decision to increase the duration of PMMC. Meanwhile, it was said above that these citizens have the right to send a petition to change the treatment, regardless of the time of the survey. Moreover, having read with comments to art. 102 of the Criminal Code, it can be concluded that in satisfying the request for a survey, the applicants can not be denied. As for the objectivity of the conclusion of the medical commission, its evaluation is conducted by the court.

Change / Termination of Measures: General Information

Correction or completion of compulsory treatment is carried out if the grounds for the subsequent application of the measure previously appointed have disappeared.

When implementing the provisions Art. 102 of the Criminal Code It is necessary to take into account that medicalcompulsory measures are aimed at getting rid of a citizen from a mental disorder, eliminating or reducing the degree of his danger. Accordingly, it is extremely difficult to determine in advance the duration of the subject's stay in the medical institution. In this regard, compulsory treatment will last until the person's condition improves to the extent that a change or cancellation of the measure becomes possible.

Features of treatment adjustment

In the event of a change in the status of a citizen,the patient in need of a change in the medical measure applied to him. In this case, the adjustment can be carried out both in the direction of mitigation and tightening.

In practice, the change in compulsory treatment is usually carried out in stages. It is, in particular, about the gradual easing of measures until complete abolition.

Accordingly, if a realimprovement of the citizen's condition, leading to a decrease in the level of his danger to society, the need for hospital stay is no longer necessary. The court, in turn, assessing the conclusions of the commission, has the right to change the previously prescribed measure and appoint, for example, outpatient treatment and supervision by a psychiatrist.

Termination of measures

If a person is recovered (due toeffectiveness of treatment or for other reasons) and there is no need to keep him in the hospital, the question of the possibility of cessation of treatment is being decided. It can also occur during the examination of the patient within the time frame established withitem 102 of the Criminal Code of the Russian Federation, and on the initiative of a doctor observing the patient.

The decision of this issue is within the competence of the court.

Recovery in this case should be considered such an improvement in the state of the citizen, in which he begins to realize his behavior and guide the actions he performs.

Special cases

In Art. 102 of the Criminal Code of the Russian Federation there is part 2.1, introduced in accordance with the provisions of Law No. 14 of 29 February. 2012

In this part it is established that the courtappoints a forensic psychiatric examination in relation to the citizen specified in clause "d" part 1 97 of the Code article. The reason for this is the petition of the head of the penal enforcement institution, sent no later than 6 months. before the end of the period of compulsory treatment.

Appointment of this examination from timethe last medical examination and the decision to end the application of the measure does not depend. The procedure is carried out to determine the expediency of placing the citizen on compulsory treatment during parole, or the execution of a milder punishment or after his departure.

Based on the medical report received onthe court has the right to appoint a compulsory medical measure in the form of outpatient supervision with a mandatory visit to a psychiatrist or to cancel it.

It should be specially noted that the legislatorgave the provisions of Part 2.1 a retroactive effect. Their validity extends only to those sentenced to imprisonment for violating the sexual inviolability of persons under the age of 14 committed before the entry of Federal Law No. 14 into force.