scholarly journals PROVISION OF QUALIFIED LEGAL ASSISTANCE TO VICTIMS AND WITNESSES WITH DEVIANT BEHAVIOR: POSING A PROBLEM

2021 ◽  
Vol 31 (5) ◽  
pp. 911-916
Author(s):  
D.V. Tat'yanin
Keyword(s):  
Physical Condition ◽  
Intellectual Development ◽  
Deviant Behavior ◽  
Legal Assistance ◽  
Criminal Proceedings ◽  
Difficult Situation ◽  
Psychiatric Examination ◽  
Mandatory Participation ◽  
Forensic Psychiatric ◽  
The Individual

Ensuring the protection of the rights of the individual is the purpose of criminal proceedings, regardless of the procedural status of its participant. The most vulnerable individuals with different psychophysiological differences are subjected to various types of criminal attacks, while protecting themselves and their interests is quite problematic due to intellectual development or physical condition, which raises the question of ensuring the possibility of their participation and protection of rights in the adversarial process. A difficult situation exists in protecting the rights of a witness who, whether he or she is an accidental eyewitness to the event or a witness to the event by the victim or the accused, is exposed to the representatives of the parties concerned, which raises the question of ensuring the protection of the rights of witnesses. Often, persons with deviant deviations, both social and psychobiological, act as witnesses and victims, but the possibility of establishing the circumstances of the case depends on the truthful and objective testimony of victims and witnesses. The need to provide victims with deviant deviations with qualified legal assistance, providing for the participation of a representative lawyer, was justified, and the grounds for the mandatory participation of a representative lawyer of the victim were determined. When a witness manifests deviant behavior, he should consult a psychiatrist, with pronounced mental abnormalities, prescribe a forensic psychiatric examination. Given the peculiarities of deviant behavior, it is proposed to decide on the use of a representative lawyer to provide him with qualified assistance.

scholarly journals A new approach regarding to the recognition of an individual incapable

2021 ◽  
pp. 159-164
Author(s):  
I.Yu. Tatulich
Keyword(s):  
Legal Status ◽  
Court Decision ◽  
New Approach ◽  
Psychiatric Examination ◽  
Direct Participation ◽  
Civil Proceedings ◽  
Mandatory Participation ◽  
Forensic Psychiatric ◽  
The Right ◽  
Judicial Protection

The article is devoted to the analysis of the procedural order of consideration and resolution of cases related to the change of an individual’s legal status, namely - recognition of an individual incompetent. The article analyzes the updated procedure for declaring an individual incompetent. The author of the article draws attention to the fact that the legislator has expanded the range of litigants in this type of proceedings; has provided for the possibility of direct participation of the person in respect of whom the proceedings for recognition of his/ her incompetence were initiated, both in-person and his/ her participation in the case through a videoconference from the medical institution where such person is at that moment; has set the terms of the court decision on declaring an individual incompetent, for not more than two years; has granted the right to certain entities to apply for an extension of the decision declaring an individual incompetent, which may be filed no later than fifteen days before the end of two years; has granted a person who was declared incompetent the right to apply to the court with a request to cancel the court decision, etc.It is noted that the validity of a court decision declaring an individual incompetent, which is provided by law, requires certain clarifications. It is substantiated that the obligatory appointment of a forensic psychiatric examination during the consideration of the case and to confirm the request for extension of the decision validity also requires some clarification, depending on the individual’s state of disease. The author considers the views of scholars and practitioners regarding mandatory participation in the consideration of an individual’s incompetence cases and the cancellation of a court decision on such cases - a lawyer who will provide adequate judicial protection and effective civil proceedings. It is concluded that it is expedient to expand the range of entities authorized to initiate the issue of revoking a court decision declaring an individual incompetent, supplementing them with such a participant as a prosecutor, which in turn will guarantee access to court, promote fair judicial protection of rights, freedoms, and interests of the persons, making a lawful and reasonable decision.

scholarly journals Forensic psychiatric examination and criminalistics study of personality: problems of theory and practice

2020 ◽  
pp. 111-116
Author(s):  
Tatyana Pogodina ◽  
Olga Berzin
Keyword(s):  
Mental Disorders ◽  
Legal Framework ◽  
Theory And Practice ◽  
Criminal Proceedings ◽  
Psychiatric Examination ◽  
Forensic Psychiatric

The article is devoted to improving the processes of criminalistics study of persons with mental disorders. Actual problems of the appointment and production of forensic psychiatric examination in criminal proceedings in connection with changes in legislation are examined: the presence of inconsistencies in some sections of the legal framework; an increase in the volume of forensic psychiatric examinations with a constant staffing of experts.

scholarly journals PROHIBITION OF INTERROGATION AS WITNESSES OF PERSONS WITH PHYSICAL OR MENTAL DISABILITIES

2021 ◽  
pp. 566-578
Author(s):  
U. Polyak
Keyword(s):  
Physical Condition ◽  
Physical Disabilities ◽  
Criminal Procedure ◽  
Medical Examination ◽  
Mental Disabilities ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Forensic Psychiatric ◽  
Procedure Codes

The purpose of the article is to consider the issue of the need to supplement part 2 of Article 65 of the Criminal Procedure Code of Ukraine with a provision prohibiting the interrogation of persons who, due to their physical or mental disabilities, cannot correctly perceive the facts of evidentiary value and testify about them. The author shares the opinion that the legislator unreasonably excluded from the list of persons not subject to interrogation as witnesses, persons who, according to the conclusion of the forensic psychiatric or forensic medical examination, due to their physical or mental disabilities, cannot correctly perceive the facts of evidentiary value , and testify about them. It is proposed to prohibit the interrogation as witnesses of persons who, due to physical disabilities, are not able to correctly perceive the circumstances that are important for criminal proceedings. The author agrees with the proposal of scientists to amend part 2 of Article 65 of the Criminal Procedure Code of Ukraine, which cannot be interrogated as witnesses of persons who, according to the conclusion of a forensic psychiatric or forensic medical examination, through their mental or physical disabilities, cannot correctly perceive the facts, having evidentiary value, and to testify about them. The analysis of the legislation showed that in the criminal procedure codes of many countries there is a provision prohibiting the interrogation as witnesses of persons who, due to their physical or mental disabilities, cannot correctly perceive the facts that have evidentiary value and testify about them. In addition, these codes contain norms that oblige the investigator and the court to appoint an appropriate expert examination to establish such a circumstance. In the author's opinion, part 2 of Article 242 of the current Criminal Procedure Code of Ukraine must be supplemented with the provision on the mandatory appointment and conduct of a forensic psychiatric or forensic medical examination to establish the mental or physical condition of a witness, if there is doubt about his ability to correctly perceive the circumstances that are important for criminal proceedings, and testify about them. The introduction of amendments and additions proposed and justified by the author to the current criminal procedural legislation of Ukraine will allow to properly regulate the issue of prohibition of interrogation as witnesses of persons with physical or mental disabilities.

Procedural Legal Personality of the Subject of a Crime

2019 ◽  
pp. 41-48
Author(s):  
Yurii Kozubenko
Keyword(s):  
Criminal Law ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Cutting Mechanism ◽  
Psychiatric Examination ◽  
Legal Personality ◽  
The Subject ◽  
Forensic Psychiatric ◽  
Procedural Rights ◽  
Court Hearing

The article examines the conformity and interaction of the actual and procedural statuses of criminal procedure participants within the framework of the cross-cutting mechanism of criminal law regulation. The author concludes that standing arises at the time of the actual emergence of the ability to exercise procedural rights and bear the relevant duties, since the procedural status of a person is established on the basis of its actual position and is only drawn up by a procedural decision, but is not formed by it. The specifics of the person’s sanity at various stages of criminal procedure directly affects his procedural capacity. If a person has committed an act prohibited by criminal law in a state of insanity or he has a mental disorder after committing a crime, making it impossible to impose a sentence or execute it, then such a participant in criminal proceedings may be declared procedurally incompetent if his mental state does not allow him to exercise procedural rights, under Articles 46 and 47 of the Code of Criminal Procedure (part 1 of Article 437 of the Code of Criminal Procedure), or participate in a court hearing (part 1 of Article 441 of the Code of Criminal Procedure). In this case, the law enforcer every time when addressing this issue should resort to the help of experts involved in forensic psychiatric examination, and, if necessary, request a medical conclusion of a psychiatric hospital. Therefore, it would be wrong to assume that this participant in criminal proceedings is always procedurally incapable, since the criminal law aspect of a person’s irresponsibility is not always of legal importance in determining procedural capacity.

scholarly journals Special features of the outpatient forensic psychiatric examination in civil proceedings according to the Varna district court docket for the period 2007-2012

2018 ◽  
Vol 28 (4) ◽  
pp. 23-26
Author(s):  
A. Dzhordzhanova
Keyword(s):  
Psychological Research ◽  
Medical Documentation ◽  
District Court ◽  
Post Mortem ◽  
Psychiatric Examination ◽  
Case File ◽  
Civil Proceedings ◽  
Forensic Psychiatric ◽  
Object Of Study ◽  
The Individual

Summary: In recent years, in connection with reconsideration of the place of forensic psychiatry among other expert sciences, the apparent deficit of research in the field of forensic psychiatric examination methodology has been noted. The outpatient forensic psychiatric examination as well as other court expertises are procedural tools for collecting and verifying evidence in criminal and civil proceedings. The aim of the article is to examine the peculiarities of an outpatient expertise and the difficulties in preparing the post-mortem forensic psychiatric examinations in civil proceedings. Material: 327 individuals, certified by experts with subsequent judgments delivered by Varna District Court for the period 2007-2012, were examined. Methods: a specially designed card for collecting data from the certified individuals surveyed by: forensic psychiatric examinations, parts of disease histories, psychological research, and court decisions. Results: a post-mortem expert opinion is particularly complex due to the absence of the object of study and the conclusion is based on evidence from the case file. In a number of cases, a common difficulty in preparing post-mortem forensic psychiatric examination is the absence of medical documentation. The objectification of the status of the individual under examination during the act or during the conclusion of a civil act in such circumstances is significantly complicated and it is impossible to characterize the individual and the mental health. This raises the question of creating a national electronic database that provides timely and reliable access in case of preparation documents of expert significance, as well as a single institute for forensic expertise.

scholarly journals Environmental factors in the proceedings organization on the compulsory medical measures application

2021 ◽  
Vol 258 ◽  
pp. 05016
Author(s):  
Vitaly Geranin ◽  
Natalya Zharko ◽  
Svetlana Zakharova ◽  
Sergey Korneev
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Hazardous Substances ◽  
Ecological Situation ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Psychiatric Examination ◽  
Official Position ◽  
Forensic Psychiatric

For several generations in a row, humanity has lived with a constant and obsessive fear of environmental disasters. Violation of the environmental regulations, of the rules on the use of the environmentally hazardous substances and dangerous waste; security breach regarding the handling microbiological or other biological agents and toxins; pollution of water, the marine environment, the atmosphere, land, deforestation - all this together constitutes a factor of increased danger for the normal ecological situation in the region, country, world. Social relations arising in the considered sphere of society are regulated by criminal legislation. It is well known that every year the ecological situation in the world tends to worsen, which is confirmed by the official position of the highest government bodies. Against this background, the number of mental deviations is increasing, which, in its turn, is the reason for the commission of acts prohibited by the criminal law. Compulsory medical measures (hereinafter CMM) is an intersectoral legal institution regulated by the norms of criminal and criminal procedure legislation. In this regard, currently there are a number of problems associated with the organization of criminal proceedings on the use of CMM, which, to a certain degree, can be represented in the following form: 1) the category of persons in respect of whom the organization of proceedings on the use of CMM is carried out (Chapter 51 of the Criminal Procedure Code of the Russian Federation); 2) the types of CMM that can be applied to these persons instead of punishment or along with the imposed punishment; 3) the procedure for appointing and conducting a stationary forensic psychiatric examination to establish the mental state of a person before the commission of an act prohibited by the criminal law, at the time of its commission, as well as immediately after the commission and at the time of a forensic psychiatric examination; 4) the procedure for the termination, suspension and resumption of proceedings in this category of criminal cases in connection with a mental disorder of the accused (suspect); 5) the insufficiency of the circumstances to be proved in this category of criminal cases (CCP, art.434); 6) the need to highlight different approaches to organizing criminal proceedings of this type, depending on the category of persons in respect of whom the CMM is applied. All these problems in one way or another have a negative impact on the practical use of CMM. Based on the results of this study, proposals were made on the legislative consolidation of various types of organization of criminal proceedings on the use of CMM, due to the categories of persons to whom it is applied, as well as on improving the rules governing the conditions to be proven in criminal cases of this category.

PROBLEM ASPECTS OF THE IMPLEMENTATION OF CRIMINAL PROCEDURAL NORMS OF PROTECTION OF THE VICTIMS FROM CRIME

2020 ◽  
pp. 72-76
Author(s):  
Яна Валерьевна Самиулина
Keyword(s):  
Preventive Measure ◽  
Criminal Procedure ◽  
Legal Rights ◽  
Criminal Proceedings ◽  
Effective Mechanism ◽  
The Russian Federation ◽  
The Individual ◽  
The Right ◽  
To Receive ◽  
Selection Of

В настоящей статье предпринята попытка исследовать отдельные проблемные аспекты института потерпевшего в российском уголовном процессе. В этих целях подвергнуты анализу правовые нормы, регламентирующие его процессуальный статус. Раскрываются отдельные пробелы уголовно-процессуального законодательства в сфере защиты законных прав и интересов потерпевшего. Автор акцентирует внимание на том, что совершенствование уголовно-процессуального законодательства в части расширения правомочий потерпевшего по отстаиванию своих нарушенных преступлением прав следует продолжить. На основании проведенного исследования действующего законодательства в части регламентации прав потерпевшего от преступления предлагается расширить перечень получаемых им копий постановлений, указанных в п. 13 ч. 2 ст. 42 УПК РФ. Автор предлагает включить в перечень указанной законодательной нормы право получения потерпевшим копии постановления об избрании конкретного вида меры пресечения, избранного в отношении подозреваемого (обвиняемого). Для создания действенного механизма защиты интересов потерпевших от преступления юридических лиц предлагаем ч. 9 ст. 42 УПК РФ изложить в следующей редакции: «в случае признания потерпевшим юридического лица его процессуальное право в уголовном процессе осуществляет представляющий его профессиональный адвокат». This article attempts to investigate certain problematic aspects of the institution of the victim in the Russian criminal process. For this purpose, analyzed the individual norms governing his procedural status. Separate gaps of the criminal procedure legislation in the sphere of protection of the legal rights and interests of the victim are disclosed. The author emphasizes that the improvement of the criminal procedure legislation in terms of the extension of the victim’s authority to defend his rights violated by the crime should be continued. On the basis of the study of the current legislation regarding the regulation of the rights of the victim of a crime, it is proposed to expand the list of decisions received by him, referred to in paragraph 13, part 2 of article 42 Code of Criminal Procedure. The author proposes to include in the list of the indicated legislative norm the right to receive the victim a copy of the decision on the selection of a specific type of preventive measure, selected in relation to the suspect (accused). To create an effective mechanism for protecting the interests of legal entities victims of a crime, we offer part 9 of art. 42 of the Code of Criminal Procedure of the Russian Federation shall be reworded as follows: «if a legal entity is recognized as a victim, his procedural right in criminal proceedings is exercised by the professional lawyer representing him».

The Biopsychosocial Paradigm in the Assessment of Mental Health of Older Persons

2016 ◽  
Vol 33 (S1) ◽  
pp. S464-S464
Author(s):  
L. Pishchikova
Keyword(s):  
Mental Disorders ◽  
Old Age ◽  
Psychiatric Hospital ◽  
Legal Protection ◽  
Physical Assault ◽  
Dynamic Features ◽  
Criminal Proceedings ◽  
Conceptual Approach ◽  
Forensic Psychiatric ◽  
Biopsychosocial Determinants

The vulnerability of patients of late age in psychiatry increases the professional and ethical requirements to the quality of psychiatric and forensic psychiatric help. It must account for the clinical and dynamic features of mental disorders in old age, biopsychosocial determinants of their formation, be based on a conceptual approach and a comprehensive understanding of the involution processes. To identify biopsychosocial determinants of mental disorders in old age and (or) involving patients to the forensic psychiatric examination, we examined 235 late age patients in criminal and civil cases. Revealed: «non-dement» mental disorders – with 45.5%, psychosis – with 7.7%, dementia – with 46,8%. The results of biopsychosocial determinants of involution are determined as follows: biological: sensory and motor deprivation, multicomorbid somatic neurological pathology, specific syndromes and disorders if late age, dementia; socio-psychological: termination of labor activity, living alone and loneliness, problematic relationship with children because of housing disputes and alcohol; legal: conclusion and contestation of legal civil acts, participation in criminal proceedings as victims and defendants, legal illiteracy, legal controversy, lack of legal protection; victimological: physical (assault, abuse), psychological (threats of commitment into social security institutions, involuntary commitment to a psychiatric hospital and examination by a psychiatrist, hold in the psychiatric hospital), financial violence (fraud with housing for older people and deception, manipulation during conclusion of civil-legal acts), violation of rights of older person (unlawful deprivation of legal capacity).Disclosure of interestThe author has not supplied his/her declaration of competing interest.

The First Pinochet Case: Immunity of a Former Head of State

1999 ◽  
Vol 48 (1) ◽  
pp. 207-216 ◽  
Author(s):  
Colin Warbrick ◽  
Dominic McGoldrick ◽  
Hazel Fox
Keyword(s):  
Criminal Liability ◽  
Sovereign Power ◽  
Criminal Proceedings ◽  
State Immunity ◽  
Head Of State ◽  
House Of Lords ◽  
Civil Proceedings ◽  
Protection Of Human Rights ◽  
The Individual ◽  
Reversal Of Fortune

The case of Pinochet has aroused enormous interest, both political and legal. The spectacle of the General, whose regime sent so many to their deaths, himself under arrest and standing trial has stirred the hopes of the oppressed. His reversal of fortune, loss of liberty with a policeman, on the door, has been heralded by organisations for the protection of human rights as one small step on the long road to justice. For lawyers generally, the House of Lords' majority decision of 1998 that General Pinochet enjoyed no immunity signalled a shift from a State-centred order of things.1 It suggested that the process of restriction of State immunity, so effectively begun with the removal of commercial transactions from its protection, might now extend some way into the field of criminal proceedings. And it further posed the intriguing question whether an act categorised as within the exercise of sovereign power, so as to relieve the individual official of liability in civil proceedings, may at the same time, as well as subsequent to his retirement, attract parallel personal criminal liability.

DEFINITIONS OF CATEGORIES PURPOSE AND TASKS OF CRIMINAL PROCEEDINGS IN THE MODERN CRIMINAL PROCESS

2018 ◽  
Author(s):  
Svitlana Patiuк ◽  
Keyword(s):  
Criminal Procedure ◽  
The State ◽  
Modern Theory ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Norms ◽  
State Changes ◽  
The Individual ◽  
Goals And Objectives ◽  
Functional Purpose

"Definitions of categories, the goal and objectives of criminal proceedings in modern criminal proceedings" analysed the legal norms and provisions of doctrinal concepts to determine the goals and objectives of criminal proceedings. The author formulated conclusions and generalizations that since criminal proceedings are a sphere of state activity, it depends on the direction of the political course of the state, changes in state policy, which always leads to a change in the ideology of the criminal process as a whole, including the transformation of goals and objectives criminal proceedings. The purpose and objectives of criminal proceedings depend on the historical form of the criminal process, a common feature of which is the ratio of freedom (interests) of the individual and the state, expressed in the procedural position of the main participants in the process. Criminal procedure legislation and doctrine define the resolution of a dispute (conflict) between the state and the accused arising as a result of the commission of a crime as the goal of the criminal process in most countries in which the adversarial nature of criminal proceedings prevails. As the goal of criminal proceedings in the modern theory of criminal procedure, it is proposed to consider the protection of the individual, society and the state from criminal offences in the settlement of criminal-legal conflicts arising as a result of these offences. The goal in the criminal process determines the setting of tasks and represents the ultimate conclusion from the sum of all the tasks being implemented. The task of criminal proceedings should be determined taking into account the functional purpose of the subjects of criminal proceedings, and therefore the task is the fulfilment of his duty by a participant in criminal proceedings, which is determined by his functional purpose, based on the principle of competition of the parties.

Sign in / Sign up

Export Citation Format

Share Document