BACK TO THE UNSOLVED QUESTIONS OF COERCIVE MEDICAL MEASURES’ APPLICATION

Abstract

The article retrospectively examines the problematic circumstances that remained unresolved at the time of the study in the proceedings on the application of coercive medical measures. It is noted that there are still a lot of terminological errors in the domestic criminal procedure legislation, as well as incorrect regulatory systematization, inevitably leading to errors in the process of investigation and trial in a specific category of criminal cases. Attention is drawn to the lack of a unified position of researchers on the possibility of the subject under consideration to be a participant in criminal law relations. There is an emerging trend towards a different perception of the studied relationships. Due to the modern level of cognition, some constituent elements of the legal status of the person who has committed the act prohibited by criminal law in a state of insanity are disclosed. The positions of scientists and norms of the current legislation on the raised subject of research are given; arguments in favor of the author's position are put forward. As a conclusion, specific changes and additions to article 437 of chapter 51 of the Criminal Procedure Code of the Russian Federation are offered.