Court Ruling on the Application of Coercive Measures of a Medical Nature

Criminal procedural science recognizes various grounds for the application of compulsory medical measures, but at the same time there is no clear understanding of their use for differentiating decisions taken on the application of such measures, as well as the content of such decisions and the requirements imposed on them.
The purpose of the work were to clarify theoretical knowledge about the content of such decisions in criminal procedure science and to propose practical recommendations aimed at improving the regulatory framework and practice of their issuance by courts. The objectives of the study were: division into categories of persons in respect of whom the decisions in question are adopted, determination of the grounds for their issuance, establishment of the specifics of the subject of proof when adopting such decisions, as well as disclosure of the relationship between the selected compulsory medical measures and a specific person.
The study used the dialectical method of cognition and various general scientific and specific scientific methods based on it are applied, namely formal-logical, logical, analysis, synthesis, induction, deduction, systemic.
Two categories of persons in respect of whom decisions on the application of coercive measures of medical nature are taken are defined, individual circumstances to be proved for each category are established, and the connection between the types of coercive measures of medical nature and a particular person is disclosed. On this basis, it is proposed to divide the decisions made by the court into two types, depending on whether the person committed a socially dangerous act prohibited by law in a state of insanity or whether the person, after committing the crime, developed a mental disorder that makes it impossible to assign a punishment and execute it.
A discrepancy between the wording of the provisions of pt. 1 of Art. 443 of the Criminal Procedure Code of the Russian Federation and pt. 1 of Art. 21 of the Criminal Code of the Russian Federation was established, as a result of which measures were proposed to normatively eliminate this contradiction. The individual content of the requirements for the legality, validity and motivation of decisions on the application of compulsory medical measures in relation to the said persons was disclosed.