| Abstract [eng] |
This paper analyzes the legal regulation related to the institution of compulsory medical measures. The work consists of four main parts, which consistently complement each other and form a logical structure in order to understand the process of special criminal procedure law. The first part of the work covers theoretical aspects, since without their advice and clarification of basic concepts, such as: the concept of legal sanity, legal insanity, diminished responsibility, further analysis of legal norms using the institute of coercive medical measures would be simply impossible. The aforementioned concepts are directly related not only to criminal law, but also include aspects of psychiatry and psychology, so the insights of the international psychiatric community were also taken into account. The following chapters analyze the grounds and moment of the beginning of the application of coercive medical measures, as well as the specifics of the initiation of this process. The greatest attention is paid to the circumstances to be proven in the process of compulsory medical measures, in addition to the circumstances related to the establishment of an act prohibited by criminal law and the circumstances related to the person who committed the act prohibited by criminal law, his mental state, including the person's mental relationship with the committed act, the circumstances related to the amount and nature of the damage caused by the act prohibited by criminal law are also discussed in detail. The analysis of the latter circumstances also draws on case law developed in civil cases. Expertise, its types, and practical application features are also briefly discussed. Finally, the coercive medical measures themselves and their types are discussed, detailing each of them separately, providing examples of judicial practice. A brief introduction to the model of outpatient mental health services provision established and regulated in legal acts, using a multidisciplinary team of specialists and psychosocial rehabilitation services, in order to inform the legislator about the maximum efforts being made, providing complex treatment options for persons with mental disorders, when outpatient observation is prescribed in primary health care conditions. Meanwhile, for a detailed analysis of inpatient observation in specialized mental health care institutions, the indicators of hospitalized and inpatient health care in the Public Institution "Rokiškis Psychiatric Hospital" and case law were compared. The institute of coercive medical measures, due to the specificity of the persons involved in it, is by its nature very broad and it was not possible to include all the information analyzed by the author of the article in this work. However, in order to understand the legal and procedural significance of the finding of non-culpability or limited culpability for a person who has committed an act prohibited by criminal law, the most important case law of the European Court of Human Rights and the case law of the Supreme Court of the United States of America, which has created precedents, are analyzed. |
