Compulsory measures of medical nature, not related to insulation

2022;
: 218-224

Shulhan I.
"Compulsory measures of medical nature, not related to insulation"
https://science.lpnu.ua/law/all-volumes-and-issues/volume-9-number-1-33-...

Authors:
1
Lviv Polytechnic National University Institute of Law, Psychology and Innovative Education

The article deals with the concept of coercive measures of a medical nature, not related to isolation. It is stated that the modern criminal legislation provides an exhaustive list of types of coercive measures of a medical nature that the court has the right to apply, namely: the provision of compulsory outpatient psychiatric care; hospitalization in a psychiatric institution with normal supervision; hospitalization in a psychiatric institution with increased supervision; hospitalization in a psychiatric institution with strict supervision, of which only the first refers to those not related to isolation. The main features of active and passive types of public danger of persons are presented. Thus, the active type of social danger of a person is characterized by the fact that the motive that pushes to a socially dangerous act comes from the person himself, does not depend on external circumstances, and is directly related to the psychopathological characteristics of a mental disorder and the antisocial orientation of the person. The passive type of social danger of the patient is characterized by the fact that the reasons for committing a socially dangerous act do not depend on him, are not directly due to the nature of mental disorders, but are directly related to external circumstances or the actions of those around him. Such patients are easily submissive and susceptible to suggestion. It is noted that the only type of coercive measures not related to isolation is the provision of outpatient psychiatric care on a compulsory basis. It is proved that this rather new type of coercive measures for the criminal legislation of Ukraine is a manifestation of the humanization of society and the development of the rule of law. Lack of isolation of a person from society, limiting the traumatic impact of hospitalization are positive aspects that qualitatively affect the treatment process. At the same time, in our opinion, it is absolutely necessary to correct all the shortcomings existing at the legislative and practical level for further effective application of this type of coercive measures of a medical nature

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