The Issue Legal Nature Compulsory Medical Measures
Journal Title: Держава та регіони. Серія: Право - Year 2016, Vol 2, Issue
Abstract
The article investigates the issues of legal nature, content, the meaning of the institute of compulsory medical measures and compulsory treatment as well as its relation to human rights. At the current development of the institution of compulsory medical measures is the need for further development and refinement of the legal nature of compulsory medical measures in the continuation clarify their goals, the ratio of these measures to other means of legal compulsion. For example, the system measures of legal influence compulsory medical measures have a special place because they can be applied not only to persons who have committed acts or omissions that contain the crime, but also to those who committed socially dangerous acts that this part contain due to the absence of the perpetrator. The subjects to which the compulsory medical measures expressly defined in the Criminal Code of Ukraine. This is the person who committed in a state of insanity socially dangerous act; those who committed in a state of diminished responsibility crimes; the person who committed the crime in a state of sanity but ill with a mental illness to the adoption of a sentence or while serving their sentence. Given that in this connection and to which entity they apply the legal nature of these measures is twofold. If their application to persons who have committed crimes coercive measures of a medical nature are included in the mechanism of criminal responsibility as one of its elements. But when compulsory medical measures applied to perpetrators in a state of insanity socially dangerous acts, they should be regarded as an independent regulatory legal fact in criminal affairs. In addition, the literature aims of compulsory medical measures are divided into targets medical and legal. Due to the indicated believe that issues related to the legal nature of compulsory medical measures require further consideration.
Authors and Affiliations
С. О. Беклєміщєв
Keywords
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