Hospitalization to an inpatient psychiatric facility on the basis of Article 435 of the Code of Criminal Procedure of the Russian Federation

Abstract

This article comments on the changes introduced to Article 435 of the Code of Criminal Procedure of the Russian Federation, which regulates the hospitalization into psychiatric inpatient facilities following the May 24 2018 adoption by the Constitutional Court of the Russian Federation of Ruling # 20-P. These authors submit the discussion of the situation which was brought about by the above-said Ruling, and provide substantiation for recognizing the hospitalization into a psychiatric inpatient facility on the basis of Article 435 of the Code of Criminal Procedure of the Russian Federation as a separate kind of involuntary hospitalization, and for admitting that the above-said Ruling by the Constitutional Court has failed to resolve all those problems which need to be resolved in order for this Article to be applied in practice.