RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATSA

of April 7, 2011 No. 6

About practice of application of enforcement powers of medical nature by courts

Due to the questions which arose at courts in case of appointment, prolongation, change and phase-out of enforcement powers of medical nature and also for the purpose of ensuring uniform application of the legislation by hearing of cases of this category Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, decides:

1. Draw the attention of courts that when implementing production about application of enforcement powers of medical nature it is necessary to observe strictly the Constitution of the Russian Federation, regulations of the penal, criminal procedure and criminal and executive legislation. In case of the solution of the single questions connected using enforcement powers of medical nature it is necessary to be guided by provisions of the Federal Law of November 21, 2011 No. 323-FZ "About bases of protection of public health in the Russian Federation, the Law of the Russian Federation of July 2, 1992 N 3185-I "About mental health services and guarantees of the rights of citizens in case of its rendering", the Federal Law of May 31, 2001 N 73-FZ "About the state judicial and expert activities in the Russian Federation", the Federal Law of May 7, 2009 N 92-FZ "About ensuring protection of lunatic asylums (hospitals) of specialized type with intensive observation", and also other regulatory legal acts, including the order of the Government of the Russian Federation of February 6, 2004 N 54 "About medical examination of the convicts represented to release from serving sentence in connection with disease" the order of the Ministry of Health and Social Development of the Russian Federation and the Ministry of Justice of the Russian Federation of October 17, 2005 N 640/190 "About procedure for the organization of medical care to the persons serving sentence in places of detention and taken into custody".

In case of production about application of enforcement powers of medical nature courts should consider provisions of the international acts. In particular, the Minimum standard rules of the treatment of prisoners (are accepted on the first United Nations Congress on crime prevention and the treatment of offenders on August 30, 1955) provide regulations that persons considered the insane should not be subjected to imprisonment therefore it is necessary to take measures for their fastest transfer in institutions for the insane (the rule 82 (1)). The principles of protection of mentally sick persons and improvement of mental health services (are approved by the General Assembly resolution of December 17, 1991 46/119) provide that concerning persons who made the acts prohibited by the penal statute if it is supposed or it is determined that they suffer from mental disease, the general principles of protection are subject to application in full with such minimum, necessary changes and exceptions in these circumstances which will not cause damage to their rights (the principle 20).

In case of the solution of the questions connected with change, prolongation or phase-out of enforcement powers of medical nature concerning persons transferred to the Russian Federation according to the Convention on transfer of persons suffering from mental disturbances for performing forced treatment (on March 28, 1997) to courts it is necessary to take provisions of the specified Convention into account.

2. Explain that enforcement powers of medical nature are measures of criminal and legal nature and are applied only to persons who made socially dangerous act provided by the penal statute in condition of diminished responsibility or at which after crime execution there came the mental disturbance making impossible assignment of punishment or its execution and also to the persons who committed crime and suffering from the mental disturbances which are not excluding sanity and only under condition when mental disturbance is connected with possibility of causing other essential harm by these persons or with danger to itself or other persons (parts 1 and 2 of article 97 Criminal Code of the Russian Federation). At the same time the purposes of application of enforcement powers of medical nature differ from the purposes of application of punishment and owing to article 98 Criminal Code of the Russian Federation consist in treatment or improvement of mental condition of specified persons, and also the prevention of making of the new socially dangerous acts provided by the penal statute by them.

3. Enforcement powers of medical nature in the form of out-patient forced observation and treatment at the psychiatrist, forced treatment in the medical organization giving mental health services in stationary conditions (general type, specialized type or specialized type with intensive observation) can be applied by court to person:

made socially dangerous act provided by the penal statute in diminished responsibility condition that is when this person during making of act could not realize the actual nature and public danger of the actions (failure to act) or direct them owing to chronic mental disturbance, temporary mental disturbance, weak-mindedness or other disease state of mentality. Such person is not subject to criminal liability (part 1 of article 21 Criminal Code of the Russian Federation);

at which after crime execution there came the mental disturbance depriving of its opportunity to realize the actual nature and public danger of the actions (failure to act) or to direct them, the appointment making impossible or execution of the punishment. Such person is exempted by court from punishment or from its further serving (part 1 of article 81 Criminal Code of the Russian Federation), in case of recovery it can be subject to criminal liability and punishment if the prescriptive limits provided by articles 78 and 83 Criminal Code of the Russian Federation did not expire.

Enforcement powers of medical nature can be applied by court to the person who committed crime and suffering from the mental disturbance which is not excluding sanity, but needing treatment of mental disturbance. To such person along with punishment the court can appoint enforcement power of medical nature in the form of out-patient forced observation and treatment at the psychiatrist (part 2 of article 99 Criminal Code of the Russian Federation). The decision on it shall contain in substantive provisions of sentence.

4. The type of enforcement power of medical nature is elected by court taking into account part provisions 2 articles 99, of articles 100 and 101 Criminal Code of the Russian Federation. In case of determination of type of enforcement power of medical nature concerning persons specified in the Items "and", "b" of part 1 of article 97 Criminal Code of the Russian Federation, courts should consider nature and extent of mental disturbance, danger of person to themselves and other persons or possibility of causing other essential harm by it. The court should motivate the made decision on the basis of assessment of the expert opinion (experts) on mental condition of person concerning which production about application of enforcement power of medical nature is conducted, and another collected in the matter of proofs.

According to parts 3 and 4 of article 101 Criminal Code of the Russian Federation in the medical organization giving mental health services in stationary conditions, specialized type, and also specialized type with intensive observation only the persons on the mental condition requiring according to permanent observation or constituting special peril for themselves or other persons and requiring permanent and intensive observation are located.

5. Cognizance of cases on application of enforcement powers of medical nature is determined by the general rules of cognizance of criminal cases established in article 31 Code of Criminal Procedure of the Russian Federation.

Owing to article 352 Code of Criminal Procedure of the Russian Federation such cases are not subject to consideration by court with participation of jury members.

According to part 2 of article 445 Code of Criminal Procedure of the Russian Federation questions of prolongation, change or phase-out of enforcement power of medical nature are considered by the court which issued the decree on its application or court in the place of application of this measure.

6. According to requirements of Item 3 of article 196 Code of Criminal Procedure of the Russian Federation for each criminal case appointment and production of forensic-psychiatric examination is obligatory if it is necessary to establish mental condition of the suspect, person accused, defendant when there is doubt in his sanity or capability independently to protect the rights and legitimate interests in criminal trial. Availability of data that person in the past was given mental health services (mental disturbance was diagnosed for it by doctors, he was given out-patient mental health services, it was located in the medical organization giving mental health services in stationary conditions was recognized deranged on another criminal case, unusable to military service on condition of mental health, etc.), about stay it on training in organization for persons with delay or lagging in mental development, about obtaining by it in the past of craniocereberal injuries, and also strangenesses in acts and statements of person, testimonial of possible availability of mental disturbance, his own statements about the painful (psychopathological) experiences experienced by it, etc. can be referred to the circumstances raising such doubts, for example.

In case of purpose of forensic-psychiatric examination to permission of experts it is necessary to put the questions allowing to find out nature and extent of mental disturbance during making of socially dangerous act provided by the penal statute during preliminary inquiry or consideration of the case by court, to establish whether person during the specified periods could realize the actual nature and public danger of the actions (failure to act) or to direct them. Before experts it is necessary to put also questions and of whether mental disturbance of person is connected with danger to it and other persons or possibility of causing other essential harm by it, whether such person needs application of enforcement power of medical nature and what and also whether this person taking into account nature can and extent of mental disturbance personally to perform the procedural law.

7. The questions connected with mental condition of person concerning which production about application of enforcement power of medical nature is conducted are subject to careful research and assessment by court. In case of insufficient clarity or completeness of the conclusion of the expert-psychiatrist (experts), and also in case of new questions concerning earlier researched circumstances of criminal case additional judicial examination which production is entrusted to the same or other expert (experts) can be appointed. In case of doubts in justification of the expert opinion (experts) or availability of contradictions in conclusions of the expert (experts) in the same questions by court repeated examination which production is entrusted to other expert (experts) (parts 1 and 2 of article 207 Code of Criminal Procedure of the Russian Federation) can be appointed.

8. The placement to the medical organization giving mental health services in stationary conditions is made for production of examination of the suspect, the person accused who is held in custody according to the procedure, provided by articles 108, of 203 Codes of Criminal Procedure of the Russian Federation, but not being held in custody, - according to the procedure, provided by articles 165, of 203 Codes of Criminal Procedure of the Russian Federation.

The court order about the placement of person to the medical organization giving mental health services in stationary conditions, and also about prolongation of term of stay in it can be appealed by this person, his defender, the legal representative, other persons according to the procedure, the provided Code of Criminal Procedure of the Russian Federation.

9. If during legal proceedings when conducting forensic-psychiatric examination it is determined that at the defendant there came temporary mental disturbance in case of which it is not possible to draw the conclusion about its mental condition during making of socially dangerous act, then proceeedings are subject to suspension according to part 3 of article 253 Code of Criminal Procedure of the Russian Federation. The question of release of such person from criminal liability or punishment in these cases is not solved.

10. The right to personally perform the procedural law belonging to it and provided by articles 46 and 47 Codes of Criminal Procedure of the Russian Federation shall be granted to person concerning whom production about application of enforcement power of medical nature is conducted if its mental condition allows it to perform such rights. At the same time the expert opinion, the medical certificate of the medical organization giving mental health services in the stationary conditions (part 1 of article 437 Code of Criminal Procedure of the Russian Federation) participating in production of forensic-psychiatric examination, and if necessary are considered. It must be kept in mind that the specified medical documents cannot have predefined force for court and are subject to assessment in total with other proofs.

11. According to part 1 of article 437 Code of Criminal Procedure of the Russian Federation legal representatives of person concerning whom production about application of enforcement power of medical nature is conducted close relatives who can be parents, adoptive parents or other persons specified in item 4 of article 5 Code of Criminal Procedure of the Russian Federation are recognized. In the absence of close relatives or their refusal of participation in case by the legal representative the guardianship and custody body can be acknowledged. Participation of the legal representative is obligatory.

The court shall provide to the legal representative possibility of implementation of its procedural law provided by part 2 of article 437 Code of Criminal Procedure of the Russian Federation, including the rights to participate in legal proceedings of criminal case, to declare petitions and branches, to produce the evidence, to appeal the judgments, to receive copies of the appealed decisions, know about the claims and representations brought on criminal case and to give on them objections, to participate in meetings of courts of appeal, cassation and supervising instances. Besides, are subject to explanation to the legal representative of its right to initiate petitions for change or phase-out of enforcement power of medical nature and to participate by their consideration based on article 445 Code of Criminal Procedure of the Russian Federation.

In case of need the court can make the decision on interrogation of the legal representative of person concerning which production about application of enforcement powers of medical nature is conducted, as the witness in case of its consent about what issues the decree (determination) and explains it the rights specified regarding the 4th article 56 Code of Criminal Procedure of the Russian Federation. In case of interrogation the legal representative is warned about criminal liability only for making obviously false evidences.

If the legal representative acts to the detriment of interests of person represented to them, he is debarred by court from case, and the legal representative of person concerning whom production about application of enforcement power of medical nature is conducted other persons specified in item 4 of article 5 Code of Criminal Procedure of the Russian Federation are recognized, and in case of their absence - guardianship and custody body.

12. Owing to Item 3 of part 1 of Article 51 and article 438 Code of Criminal Procedure of the Russian Federation in production about application of enforcement powers of medical nature participation of the defender is obligatory from the moment of pronouncement of the resolution on appointment concerning person of forensic-psychiatric examination if the defender was not involved in this criminal case earlier. The refusal of the defender on these cases cannot be accepted by court. In case of violation of the specified requirements during preliminary inquiry criminal case is subject to return to the prosecutor according to the procedure, the stipulated in Clause 237 Codes of Criminal Procedure of the Russian Federation.

13. Proceeding from provisions of article 440 Code of Criminal Procedure of the Russian Federation, the judge, having received criminal case about application of enforcement power of medical nature, in the absence of the bases for the direction it on cognizance and for purpose of initial hearing issues the decree on purpose of judicial session in which the questions specified regarding the 2nd article 231 Code of Criminal Procedure of the Russian Federation are resolved.

Person concerning whom production about application of enforcement power of medical nature is conducted shall be informed on the place, date and time of judicial session to perform the right to the statement of petitions (about personal acquaintance with the criminal case file, about personal participation in judicial session, etc.) or to exercise other rights guaranteed by the criminal procedure law.

14. In the resolution on purpose of judicial session the judge according to Item 5 of part 2 of article 231 Code of Criminal Procedure of the Russian Federation can make the decision on consideration of criminal case in the closed judicial session taking into account provisions of article 241 Code of Criminal Procedure of the Russian Federation, including if trial of criminal case in court can lead to disclosure of the medical secret protected by the Federal Law.

15. If persons specified in part 6 of article 439 Code of Criminal Procedure of the Russian Federation were not handed the copy of the resolution on the direction of criminal case in court for application of enforcement power of medical nature, the judge sets initial hearing for the solution of question of return of criminal case to the prosecutor according to the procedure, the stipulated in Clause 237 Codes of Criminal Procedure of the Russian Federation.

16. Proceeding from provisions of part 1 of article 437 Code of Criminal Procedure of the Russian Federation, participating in judicial session, its procedural law provided by articles 46 and 47 Codes of Criminal Procedure of the Russian Federation shall be explained to person concerning whom production about application of enforcement power of medical nature is conducted and the possibility of implementation of these rights is provided.

Testimonies of such person can be considered by court in case of assessment of its mental condition, and also danger of person to themselves or other persons or possibility of causing other essential harm by it, in case of determination of type of enforcement power of medical nature.

17. During judicial session to court it is necessary to check in the procedure established by the law whether it is proved that the act prohibited by the penal statute is made by this person, to establish the circumstances testimonial of danger of person to itself or other persons or about possibility of causing other essential harm by it in connection with availability at it mental disturbance, and also other circumstances which are subject to proof according to part 2 of article 434 Code of Criminal Procedure of the Russian Federation.

About danger of person to themselves or other persons or about possibility of causing other essential harm by this person can witness nature of the mental disturbance confirmed with conclusions of forensic-psychiatric examination, his tendency with respect thereto to making of violent acts concerning other persons or to damnification to itself to making of other socially dangerous actions (to withdrawal of alien property, arsons, destruction or damage of property by different ways, etc.), and also physical condition of such person taking into account which sales opportunity by it the socially dangerous intentions is estimated.

If the court will come to conclusion that persons specified regarding 1 article 97 Criminal Code of the Russian Federation on the mental condition do not constitute danger, it can transfer required materials to federal executive body in the field of health care or to executive body of the subject of the Russian Federation in the field of health care for the solution of question of treatment of these persons or the direction them to psychoneurological organizations of social security according to the procedure, stipulated by the legislation the Russian Federation about health care (part 4 of article 97 Criminal Code of the Russian Federation).

18. If during legal proceedings of the case which arrived with the indictment it is determined that the defendant during making of act was in condition of diminished responsibility or at the defendant after crime execution there came the mental disturbance depriving of its opportunity to realize the actual nature and public danger of the actions (failure to act) or to direct them, the court issues the decree according to the procedure, the Code of Criminal Procedure of the Russian Federation provided by Chapter 51, without returning case to the prosecutor. When the specified circumstances are established on the case which arrived with the indictment, such case is subject to return to the prosecutor according to article 237 Code of Criminal Procedure of the Russian Federation as taking into account provision of part 1 of article 434 Code of Criminal Procedure of the Russian Federation for this category production of pretrial investigation is obligatory.

19. In case of making of socially dangerous act by several persons provided by the penal statute the court has the right to consider at the same time question of guilt of one persons and to issue the decree on application of the enforcement powers of medical nature concerning others which made this act in diminished responsibility condition or persons at whom after crime execution there came the mental disturbance depriving of their opportunity to realize the actual nature and public danger of the actions (failure to act) or to direct them.

20. Owing to part 1 of article 443 Code of Criminal Procedure of the Russian Federation in case of recognition proved that the act prohibited by the penal statute is commited by person in condition of diminished responsibility or that at this person after crime execution there came the mental disturbance making impossible assignment of punishment, the court according to articles 21 and 81 Criminal Code of the Russian Federation issues the decree on its release from criminal liability or from punishment and about application to it enforcement powers of medical nature. At the same time in descriptive part of the resolution the circumstances of deeds established by court based on the researched proofs shall be stated, legal evaluation is given to actions of such person and motives of the made decision are given. The substantive provisions of the resolution shall contain instructions about its release from criminal liability or punishment and about application of specific enforcement power of medical nature, the solution of question of cancellation of measure of restraint if it was not cancelled earlier. The question of physical evidences is subject also to permission.

In the resolution the court specifies type of enforcement power of medical nature according to part 1 of article 99 Criminal Code of the Russian Federation. Determination of specific mental health facility where treatment shall be carried out, is within the competence of federal executive body in the field of health care or executive body of the subject of the Russian Federation in the field of health care.

21. Proceeding from provisions of parts 2 and 3 of article 443 Code of Criminal Procedure of the Russian Federation, the court issues the decree on the termination of criminal case:

if person does not constitute danger on the mental condition. At the same time the court also refuses application of enforcement power of medical nature;

in the presence of the bases provided by articles 24-28 Codes of Criminal Procedure of the Russian Federation irrespective of availability and nature of disease of person.

In case of the termination of criminal case the copy of the court order within 5 days goes to federal executive body in the field of health care or executive body of the subject of the Russian Federation in the field of здравоохранениядля solutions of question of treatment or the direction of person needing mental health services in the medical organization giving mental health services in stationary conditions (part 4 of article 443 Code of Criminal Procedure of the Russian Federation).

22. The civil action declared on criminal case application of enforcement powers of medical nature is not subject to consideration that does not interfere with subsequent its presentation and consideration according to the procedure of civil legal proceedings what the court makes the relevant decision on.

Owing to article 132 Code of Criminal Procedure of the Russian Federation are not collected from persons to whom enforcement powers of medical nature, procedural costs, including the amounts paid to the lawyer for rendering legal aid are applied, and are compensated at the expense of means of the federal budget.

23. If at the convict serving sentence there came the mental disturbance interfering serving sentence, such person is exempted from further serving sentence and enforcement powers of medical nature (part 1 of article 81 Criminal Code of the Russian Federation) can be applied to it.

According to part 5 of the article 175 PEC of the Russian Federation such convict or his legal representative has the right to take a legal action with the petition for release from further serving sentence which moves through administration of the organization or body performing punishment. In case of impossibility of the independent appeal of the convict or his legal representative to court idea of release of the convict from further serving sentence in connection with approach of mental disturbance is brought in court by the chief of the organization or body performing punishment. Along with the specified petition or representation the conclusion of medical commission and the personal record of the convict are taken to court. Consideration and permission of such question is performed according to the procedure, the stipulated in Clause 399 Codes of Criminal Procedure of the Russian Federation, and taking into account guarantees of the rights of person concerning whom production about application of the enforcement powers of medical nature provided by Chapter 51 of the Code of Criminal Procedure of the Russian Federation is conducted.

24. The court order which did not take legal effect accepted by results of consideration of the case can be appealed in appeal procedure by person concerning whom production about application of enforcement power of medical nature, his defender, the legal representative, the victim, his representative and the prosecutor, and also other persons in that part in which the appealed judgment affects their rights and legitimate interests is conducted.

Owing to part 1 of Article 437 in interrelation with requirements of article 389.12 Code of Criminal Procedure of the Russian Federation person concerning whom production about application of enforcement power of medical nature is conducted has the right to participate in court session of appellate instance directly or to state the line item by use of systems of video conferencing on condition of the statement to them about the desire to be present at consideration of the claim or representation on the court order. The issue of form of its participation in judicial session is resolved by court. Participation of such person is possible if its mental condition allows it to participate in judicial session personally. At the same time the expert opinion, the medical certificate of the medical organization giving mental health services in the stationary conditions participating in production of forensic-psychiatric examination, and if necessary are considered.

25. Superior court of the bases having the right in the presence to that to change the type of enforcement power of medical nature appointed by court to less strict if the right of defense of person to which the enforcement power of medical nature is applied is not violated, or according to the writ of appeal of the victim or cassation representation to cancel the judgment of the first (appeal) instance and to send case for new trial in the same court by other structure of court if there are bases for application of more severe enforcement power of medical nature.

Failure to provide court to person concerning whom production about application of enforcement power of medical nature is conducted or conducted it is right to participate personally in judicial session if its mental condition allowed it to participate in judicial session and to perform the procedural law, is the violation of requirements of part 1 of Article 437 and part 1 of article 441 Code of Criminal Procedure of the Russian Federation attracting cancellation of the taken place judgment.

26. The court should mean that owing to part 2 of article 102 Criminal Code of the Russian Federation person to whom the enforcement power of medical nature is appointed is subject to survey of psychiatrists by the commission at least once in six months for the solution of question of availability of the bases for introduction of submission to court on phase-out or on change of such measure.

At the same time according to part 1 of article 445 Code of Criminal Procedure of the Russian Federation the court according to the petition of administration of the medical organization giving mental health services in stationary conditions, (organizations) confirmed with the medical certificate and also for the petition of person to which the enforcement power of medical nature is applied of his defender or the legal representative stops, changes or prolongs for the next six months application to this person of enforcement power of medical nature that is specified in the court order.

27. Considering question of prolongation, change or phase-out of enforcement power of medical nature, the court shall check carefully justification of the petition submitted according to part 1 of article 445 Code of Criminal Procedure of the Russian Federation. For this purpose the court should find out results of the carried-out treatment and to resolve issue of need of further medical observation and treatment. For this purpose in judicial session the representative of medical institution (the medical organization giving mental health services in stationary conditions) can be called where person concerning whom the issue of prolongation, change or phase-out of enforcement power of medical nature is resolved is observed. Participation in judicial session of the defender, the legal representative of person concerning which production about application of enforcement power of medical nature, and the prosecutor surely is conducted.

According to part 2 of Article 399 and part 4 of article 445 Code of Criminal Procedure of the Russian Federation its direct participation in judicial session shall be provided to person concerning whom the issue of prolongation, change or phase-out to it enforcement power of medical nature is resolved or opportunity to state the line item by use of systems of video conferencing is given if according to the medical certificate its mental condition allows it to participate in judicial session. The issue of form of participation of such person in judicial session is resolved by court.

In case the mental condition of person concerning which the issue of prolongation, change or phase-out of enforcement power of medical nature is resolved does not allow it to participate personally in the judicial meeting held in court house, to recommend to courts to consider the corresponding materials in psychiatric hospital.

If the medical certificate raises doubts, court according to the petition of persons participating in judicial session or on own initiative can appoint judicial examination, request additional documents, and also interrogate person concerning whom the issue of the termination, change or prolongation of application of enforcement power of medical nature is resolved if it is possible on its mental condition (part 5 of article 445 Code of Criminal Procedure of the Russian Federation).

28. The court stops or changes application of enforcement power of medical nature in case of such mental condition of person in case of which need for application of earlier appointed measure disappears or there is need for purpose of other enforcement power of medical nature. The court prolongs forced treatment in the presence of the basis for prolongation of application of enforcement power of medical nature (part 6 of article 445 Code of Criminal Procedure of the Russian Federation).

29. If in mental condition of person concerning which the enforcement power of medical nature in the form of out-patient forced observation and treatment at the psychiatrist is appointed there were changes connected with need of the placement of such person to the medical organization giving mental health services in stationary conditions for forced treatment, the court has the right to change type of enforcement power of medical nature according to part 1 of article 99 Criminal Code of the Russian Federation when there are data that nature of mental disturbance of person requires such conditions of treatment, leaving, content and observation which can be performed only in the medical organization giving mental health services in stationary conditions. In the resolution it is necessary to specify the circumstances testimonial of the fact that the mental condition of person after the enforcement power of medical nature was applied to it, changed and it began to constitute the increased danger to itself(himself) or other persons. The decision is made according to the procedure, the stipulated in Clause 445 Codes of Criminal Procedure of the Russian Federation.

30. Proceeding from provisions of part 4 of article 102 Criminal Code of the Russian Federation, in case of phase-out of forced treatment in the medical organization giving mental health services in stationary conditions, the court can transfer required materials concerning person which was on forced treatment, to federal executive body in the field of health care or to executive body of the subject of the Russian Federation in the field of health care for the solution of question of its treatment or the direction in psychoneurological organization of social security according to the procedure, stipulated by the legislation the Russian Federation about health care.

31. If person at whom after crime execution there came mental disturbance and to which the enforcement power of medical nature was applied acknowledged recovered, court in which production there was criminal case about application of enforcement powers of medical nature based on the medical certificate according to Item 12 of Article 397 and part 3 of article 396 Code of Criminal Procedure of the Russian Federation issues the decree on phase-out to this person of enforcement power of medical nature and resolves issue of the direction to the head of investigating body or to the chief of body of inquiry of criminal case for production of preliminary inquiry in general procedure. Time spent in the medical organization giving mental health services in stationary conditions is set off serving sentence according to article 103 Criminal Code of the Russian Federation in time.

32. Draw the attention of courts that the placement of the convict to which the enforcement power of medical nature according to part 2 of article 99 Criminal Code of the Russian Federation is applied to the medical organization giving mental health services in stationary conditions, or other medical institution in case of change of its mental condition requiring hospitalization according to part 2 of article 104 Criminal Code of the Russian Federation is made according to the procedure and on the bases which are stipulated by the legislation the Russian Federation about health care.

33. The judgment which took legal effect about appointment, change, prolongation or phase-out of enforcement power of medical nature can be reviewed in the procedure established by the law.

34. Recommend to courts in case of identification of the circumstances promoting making of socially dangerous act, violations of the rights and freedoms of persons concerning which production about application of enforcement power of medical nature is performed, to issue private decrees (determinations) in which to draw the attention of the relevant organizations or officials to these circumstances and the facts of violations of the law requiring acceptance of necessary measures (part 4 of article 29 Code of Criminal Procedure of the Russian Federation).

35. Due to the adoption of this resolution to recognize by the USSR which is not operating in the territory of the Russian Federation the resolution of the Plenum of the Supreme Court of April 26, 1984 N 4 "About court practice on application, change and cancellation of enforcement powers of medical nature".

 

Chairman of the Supreme Court Russian Federation

V. M. Lebedev

Secretary Plenuma, judge of the Supreme Court Russian Federation

V. V. Doroshkov

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info