Derdyuk B. The Proceedings Involving Non Compos and Limited Responsible Persons in Trial Courts.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0412U003321

Applicant for

Specialization

  • 12.00.09 - Кримінальний процес та криміналістика; судова експертиза; оперативно-розшукова діяльність

25-04-2012

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The dissertation is aimed to make complex examination of problems in proceedings of non compos and limited responsible persons in trial courts. The historical development of Criminal Procedural Law regulating proceedings in cases involving non compos and limited responsible persons is examined, the purpose and grounds are defined, the peculiarities of the circumstances in proof in cases of non compos and limited responsible persons have been determined; the value of a conclusion of forensic psychiatric examination and peculiarities of its evaluation by a court as well as specificity of the defense of non compos and limited responsible persons has been studied. The peculiarities of legal regulation of proceeding in cases involving non compos and limited responsible persons, the content and procedural features of a court decision in cases with application of compulsory medical treatment have been analyzed. Propositions aimed to an improvement of current Criminal Procedural Law and Criminal Law, in particular those concerning purpose and grounds, circumstances in proof in cases involving non compos and limited responsible persons have been formulated.

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