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Reasons for Compulsory Hospitalisation of a Criminally Prosecuted Person for the Purpose of Inpatient Forensic Psychiatric Examination
- Authors: Peretokina V.V.1
-
Affiliations:
- Russian State University of Justice
- Issue: No 1 (2025)
- Pages: 73-81
- Section: Criminal law studies
- URL: https://medbiosci.ru/2072-909X/article/view/364446
- DOI: https://doi.org/10.37399/issn2072-909X.2025.1.73-81
- ID: 364446
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Abstract
The article is devoted to the problem of conducting an inpatient examination of the mental state of the accused in the presence of doubts about his sanity. The main purpose of the study is to substantiate the thesis that forced hospitalization is one of the measures of criminal procedural coercion used in the framework of the investigative action.
Using dialectical, inductive-deductive and comparative legal methods of scientific research, the author solves a set of tasks: analyzes the dynamics of the development of criminal procedural legislation, as well as legislation in the field of public health protection, which regulates the conduct of forensic psychiatric examination in inpatient conditions; summarizes the existing judicial practice of forced hospitalization; identifies the specifics of the grounds for conducting an inpatient forensic psychiatric examination.
An analysis of the development of modern criminal procedure legislation has made it possible to state a phased expansion of the list of grounds for placing a person in a medical organization providing psychiatric care in an inpatient setting for expert research, which predetermines the need to search for an optimal mechanism for protecting his rights and freedoms, as well as optimizing the criminal procedural form of forced hospitalization. The author examines the problem of conducting an inpatient forensic psychiatric examination in the context of a significant restriction of the rights and freedoms of a hospitalized person, offers a classification of its grounds in accordance with medical and legal criteria, clarifies the purpose of expert research.
As a result of the study, it is concluded that the appointment of an inpatient forensic psychiatric examination, which involves forced hospitalization of a person, is due to a set of factors, which are proposed to be structured as follows: legal, the presence of which indicates the impossibility (inexpediency) of conducting an outpatient forensic examination, as well as medical, characterizing the personality of the accused (suspect) and the state of his mental health.
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About the authors
Victoria V. Peretokina
Russian State University of Justice
Author for correspondence.
Email: avika.salikova55@gmail.com
Postgraduate Student.
Russian Federation, MoscowReferences
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