Theoretical and Legal Foundations of Compulsory Psychiatric Therapy
Journal: Baikal Research Journal (Vol.9, No. 2)Publication Date: 2018-06-30
Authors : B.A. Spasennikov;
Page : 15-15
Keywords : criminal law; clinical criminology; legal relations; compulsory psychiatric treatment;
Abstract
The Russian criminal law does not disclose the concept of compulsory measures of medical nature. Every scientific law school or medical school interprets this concept differently. This leads to a number of consequences which can be regarded as negative. The article provides the author's definition of such measures. The characteristics of legal relations arising from application of compulsory measures of medical nature is very diverse in the domestic scientific legal and medical literature. The author formulates his vision of such legal relations. He shows that a person suffering from severe mental pathology, excluding strong-willed and conscious behavior, can not bear obligations, but has rights that are subject to protection by authorized bodies.
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