Compulsory treatment: to protect man from himself
Many mentally ill people to commit an unlawful act, require compulsory treatment.It is carrying out compulsory treatment in medical institutions gated only by court order, as this measure of state coercion.
What is involuntary treatment and types
Compulsory treatment - is a measure of state coercion, which is not a penalty, and shall be appointed by the court to persons suffering from mental illness and committed socially dangerous acts.The purpose of compulsory treatment - cure or improvement of the mental state of mentally ill people, which further prevent the commission of further crimes.
Compulsory treatment is not an act of censure on the part of the patient's state (Chapter 15 Section 6 of the Criminal Code) and is appointed by the court when a person has committed a socially dangerous act in a state of insanity (insanity - a painful condition of a person during the commission of a crime, which does not allow him to imputeblame the act), which excludes the punishment.Forced treatment is given only when mentally ill people are a danger to society.If they do not pose a danger, the court sends documents to the public health authorities to decide on further observation and treatment of those bodies.
Compulsory treatment is different from the involuntary treatment that, in the latter case, patients have not committed any wrongdoing, but refuse to be treated at a time, as their condition requires immediate treatment, as threatened by himself or others.Involuntary treatment is carried out in accordance with Article 29 of the RF Law "On psychiatric care and guarantees of citizens' rights in its provision."
Types of compulsory treatment:
- outpatient supervision and treatment by a psychiatrist;this kind of compulsory treatment can be installed to the patient, who in his mental state does not require placement in a psychiatric hospital;
- treatment in a psychiatric hospital of general type;It is given to patients who on mental condition in need of treatment and observation in a hospital setting, but do not require constant active surveillance;
- treatment in a specialized psychiatric hospital;It is given to patients who on mental condition require constant supervision;
- treatment in a specialized psychiatric hospital with intensive supervision;prescribed to patients that his mental state is a particular danger to themselves or others, and require intensive constant supervision.
This can be assigned compulsory treatment
In accordance with the existing legislation (Part 1 of Art. 97 of the Criminal Code) mandatory treatment may be imposed by a court following persons who have committed certain crimes:
- committed a crimestate of insanity;
- who after the crime occurred a mental disorder, which gives it impossible to appoint or execution of punishment;
- committed crimes and suffering from mental disorders are not exclusive insanity;
- committed a crime and recognized as in need of treatment for alcoholism or drug addiction.
Compulsory treatment in something similar to criminal penalties, as appointed by the court.But it is not considered a punishment and is not intended to fix the patients are treated in order to cure or improve their mental state and prevent new crimes.The difference is the fact that the court does not set the terms of compulsory treatment, it continues until such time as the mental state of the patient will change so much that he no longer pose a danger to others, and for the patient.
patients under compulsory treatment in a psychiatric hospital at least once every six months are subject to re-examination of the medical advisory committee to determine their mental state and the possibility of setting the matter before the court for the modification or cancellation of compulsory treatment.
in psychiatric hospitals of the specialized type of re-examination of mental patients undergoing compulsory treatment by the Central Forensic psychiatric expert commission.Persons in involuntary treatment, the right to receive a pension on general grounds.
Compulsory treatment - is not a punishment, and medical measures, allowing to protect society from patients who can commit a crime, both in relation to other people and about themselves.