COLLISIONS OF PSYCHIATRIC EMERGENCY CARE TO INDICTEES AS A SUBJECT OF THE LAWYER’S ACTIVE POSITION IN CRIMINAL PROCEEDINGS IN RUSSIA
Abstract and keywords
Abstract (English):
The subject of analysis in this work is legislative innovations governing the procedure for the temporary placement of an accused and suspect in a medical organization providing psychiatric care in inpatient conditions (federal law 491-FZ and federal law 500-FZ). The author analyzes the grounds and persons initiating the application of the said measure; goals and procedural form of its application; a set of guarantees for persons in respect of whom this measure is applied. As a result, the work reveals the main collisions of the introduced normative innovations; the gaps in the regulation of the fundamental aspects of the provision of emergency psychiatric care was noted; actual suggestions and recommendations were made in these matters.

Keywords:
accused, mental disorder, temporary placement in a medical organization providing psychiatric care in inpatient conditions, judicial control, guarantees of the accused persons’ rights
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References

1. Kovtun N. N. Inpatient Forensic Psychiatric Examination in Criminal Cases and Guarantees of the Rights of Citizens in the Provision of Psychiatric Assistance. State and Law, 1997, no. 3, pp. 64-71. (In Russ.)

2. Kovtun N. N. Forensic Psychiatric Examination in Cri-minal Cases: the Subject and Content of the Prosecutor’s Supervision. Legality, 1998, no. 1, pp. 44-46. (In Russ.)

3. Kovtun N. N. How the Supreme Body of Constitutional Justice Dealt with the “Transfer” of the Accused to a Psychiatric Hospital. Criminal Procedure, 2019, no. 1, pp. 31-36. (In Russ.)

4. Kovtun N. N. Once again to the Question of Temporary Application of Emergency Psychiatric Measures to Accused (Suspects): Critical Analysis of the Law Innovations. Military Legal Journal, 2022, no. 2, pp. 13-16. (In Russ.)


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