Subject of forensic psychiatric examination in criminal cases of illegal psychiatric hospitalization

Abstract

In this scientific review, pursuing the objective of improving legislation and expert practice, we consider the peculiarities of the subject of forensic psychiatric examination in criminal cases under Article 128 of the Criminal Code of the Russian Federation, involving involuntary hospitalization based on Article 29 of the Federal Law “Psychiatric care and guaranteeing the rights of individuals in the course of its provision”. The subject of this type of examination is the establishment of either presence or absence of a legally significant mental disorder, the signs of which are enumerated in Article 29 of the above-mentioned Law. It is characterized by both medical and legal criteria, and it would be beneficial if the concept of "severe mental disorder" were elucidated in the text of the Law. It is also necessary for experts to raise the question of the real possibility of psychiatrists to assess the condition of the patient being hospitalized in the specific conditions of such hospitalization.