| Abstract [eng] |
This work examines the legal provisions of procedure for applying compulsory medical measures. It should be noted that specific legal regulation is established in the criminal justice, which is exclusively intended for persons with mental disorders who have committed dangerous acts. The differentiation of this legal regulation is based on the fact that these persons were in a special mental state at the time of committing a dangerous act or this state appeared after the commission of a criminal act. The first part of the work reveals the concept and purpose of compulsory medical measures, briefly analyses the historical development of this legal regulation, and examines in detail the grounds for applying compulsory medical measures. Exclusive attention is paid to the practice of courts of first instance. The second part of the work examines the most important aspects of the criminal proceedings. In the process of applying compulsory measures, forensic psychiatric assessment is of exceptional importance, so the order of its appointment and certain aspects of assessment are thoroughly analysed. The problem of active participation in the criminal proceedings of the person against whom compulsory medical measures are being applied is also examined. The third part examines the question of extending the application of these measures, changing their type, or canceling them. In this part, great attention is also paid to the practice of courts of first instance. It should be noted that the entire work also analyses legal regulation of foreign countries. Since this institute is particularly complex, only the most important legal privisions were selected. When comparing the different legal regulations of the countries, certain proposals for improving legal provisions are presented. The most important practice of the European Court of Human Rights is briefly reviewed. |
