PROCEDURAL BARRIERS TO APPLICATION OF COMPULSORY MEDICAL NATURE AS TO THE LIMITED LIABILITY

Abstract

It is stated that the domestic legislation concerning regulation of the application of compulsory medical measures to a person who has committed a criminal offense in a state of limited condemnation is quite controversial. It is noted that upon completion of the pre-trial investigation of a limited convicted person, an indictment must be drawn up in accord-ance with the general rules provided for by the Criminal procedural Code of Ukraine. There is a reasonable discrepancy between the current legislation of individual researchers and practitioners, according to which such a procedural document should indicate that at the time of the offense the person could not fully understand the meaning of their actions and/or manage them, as well as a reference to evidence (expert conclusion) that this fact is confirmed. Only the statement in the indictment that a person with mental disorder has committed a criminal offense does not mean that it should be automatically applied to a compulsory medical measure. When submitting criminal proceedings against a convicted person to the court, the prosecutor should, if necessary, appeal directly to the court to apply to it and to punish, and to provide outpatient psychiatric care in a compulsory manner (not only to hint at such an opportunity). Moreover, the application of compulsory medical prac-tice may well be one of the components of the indictment (rather than be submitted inde-pendently, in the form of a separate document).