Vaselovskaya A.V. —
The criteria for implementation of compulsory measures of medical nature
// Law and Politics. – 2019. – ¹ 8.
– P. 161 - 171.
DOI: 10.7256/2454-0706.2019.8.30433
URL: https://en.e-notabene.ru/lpmag/article_30433.html
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Abstract: The subject of this research is the social relations emerging due to imposition of compulsory measures of medical nature by the court. The author’s goal is to determine the criteria that establish the selection of a particular compulsory treatment in each specific case. The author carries out classificat6ion of the types of compulsory treatment associated with isolation of an individual from society or not related to such, as well as division of the criteria into main and secondary. The author conducted a complex analysis of case law and the current criminal law to determine methodology for the selection of a type of compulsory treatment by the court. The research demonstrates that the medical criterion suggesting the essential establishment of mental condition of a person underlies the selection of the most suitable type of therapeutic and protective regimen. Besides the main (medical) criterion, the author also highlights the secondary criteria revealed through a number of socio-psychological traits (criminal behavior in the past, social alienation, violation of therapeutic regimen, proneness to alcoholism). The selection of the type of compulsory treatment must be based on implementation of the aforementioned criteria in their entirety and interrelation, complying with the general principle of necessity and sufficiency of the compulsory measure of medical nature imposed upon a person. The presented conclusions meet the criteria of scientific novelty.