Pechko V. Institute for the Application of Coercive Measures of a Medical Nature in the Criminal Procedure of Ukraine

It is proposed to define the category of the institution of coercive measures of a medical nature in criminal proceedings - as defined on the basis of general and special principles of criminal procedure a set of legal norms governing relations between the state and insane, restricted -rehabilitation measures to cure such persons or improve their health, as well as to prevent them from committing new criminal offenses, as well as the task of criminal proceedings. The general and special principles of the institute of coercive measures of a medical nature are determined, where the principles are included in the general principles, in accordance with Article 7 of the current CPC of Ukraine. The special principles of coercive measures of a medical nature include the principle of urgent psychiatric examination, the principle of confidentiality, the principle of medical treatment and the presumption of mental health, the principle of voluntariness (within limited sanity), the principle of access to modern scientific knowledge, the principle of educational and social services. the principle of psychological and social rehabilitation. It is established that the national legislation does not create a mechanism for compensating victims of socially dangerous acts committed by a reckless person, and emphasizes the expediency of creating a special state fund to compensate victims of violent crimes. It has been proven that in case of receiving information about a person's registration in a psychiatric health care institution or the presence of such a person's mental illness, a written notice of suspicion should be served on the person's lawyer or legal representative. In the case where the notification to the person of suspicion was made without the participation of the defense counsel or the legal representative of the person in respect of whom the grounds provided for in p. 1,2 h. 1 st. 503 of the CPC of Ukraine, emphasized the expediency of re-service of the notice of suspicion, taking into account the rules provided for in Chapter 39 of the CPC of Ukraine.