APPOINTMENT, TERMINATION OF APPLICATION OF COMPULSORY MEASURES OF MEDICAL NATURE AT THE STAGE OF SENTENCE EXECUTION

Abstract

The use of compulsory measures of medical nature (CMMN) at the stage of execution of a sentence is not regulated by the legislator, which leads to various issues in their application. The article substantiates the necessity of mandatory participation of a defender of the convicted person, in respect of whom the issue of the application of CMMN is being decided, as well as the involvement of his/her legal representative. The basis for filing a petition for the use of CMMN should be the conclusion of a forensic psychiatric examination conducted by expert psychiatrists, and not by a commission of attending physicians. The attending physician may be involved as a specialist in the production of expert examination, or interrogated in court as a specialist who has revealed a severe mental disorder in the convicted person. It is proposed to provide for the possibility of participation of the convicted person in the court session using video conferencing in cases where doctors give an opinion on the impossibility of the person's participation directly in the courtroom. The proposal to hold a closed trial is justified in order to ensure the confidentiality of information about the mental state of the convict. It was proposed, when sending a convict to medical institutions for the use of CMMN, to decide on the suspension of serving the sentence, after curing the person to consider the feasibility of further serving the sentence.