| Abstract [eng] |
In this Master‘s paper the theoretical and practical problems of the institute process regarding application of the compulsory medical measures provided by XXIX chapter of the Criminal Procedure Code of the Republic of Lithuania were analysed. The institution mentioned above is characterized by the general law regulations with the certain exceptions that are stipulated by the subject‘s legal status in the investigation process. The first section of this work represents conception and purpose of the compulsory medical measures and at the same time finds out a duality of such measures: we can see, on the one hand, an influence of treatment and, on the other hand, an influence of the state compulsory measures on subjects that together make one whole. These measures are intended to ensure both interests of psychiatric patients who are commited criminal deeds and of the society. The second section analyses relevant types of the compulsory medical measures and discloses problems of such measures regarding their realization with a focus to the legal regulations. The third section represents definitions of the grounds on which application of the compulsory medical measures is based. In the fourth section some specific features of application process of the compulsory medical measures have widely analysed including the following issues: problems of the subject‘s legal status reglamentation, problems of ensuring an advocate presence in the process, practical aspects of a referral to the forensic psychiatric examination delivery and its fulfilment, possibilities to realize actions of the process with respect to a person under the application process of the compulsory medical measures, and finally, proceedings and sentences passed by the court. The fifth section clarifies problems on prolongation of an application period of the compulsory medical measures as well as changing their type or revocation such measures in all. The presented Master‘s paper consists of a preface, five sections and conclusions. |
