Тhe Role of the Prosecutor in the Organization of Procedural Leadership in Criminal Proceedings against Insane and Limitedly Responsible Persons
Abstract
The article explores the legislative novels and problematic practical moments of the prosecutor's procedural activity during detention, the report of suspicion, the selection of preventive measures and the maintenance of a public accusation in court on criminal proceedings related to the application of compulsory medical measures. The relevance of the selected topic is determined by the increase in the proportion of criminal offenses committed by insane or severely sane persons, including minors. This article highlights the current state of scientific research and relevant changes in the legislation in the area of procedural activities of the prosecutor as a guarantor of observance of the rights and freedoms of the above-mentioned category of persons and as a key figure in the organization and procedural management of pre-trial investigation and maintenance of a public prosecution in criminal proceedings against crimes committed by insane persons persons, concerning which the question on application of compulsory measures of medical character is solved. The study conducted a comparative analysis of the norms of the criminal procedural law, taking into account the entry into force on 10.06.2018 of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on the Provision of Psychiatric Assistance». The author concluded that these legislative changes are designed to save the psychiatric service from the punitive function that was inherent in it during the Soviet Union, will allow to distinguish between patients with mental disorders and those who are subject to compulsory medical measures, liberalize the procedure for changing, prolonging and termination of the use of compulsory medical measures. The issues touched on in the article require additional research and analysis in the scientific literature, since the practical issues of applying these changes have not yet been properly worked out.
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