Open AccessCriminal legal framework for countering illegal and unjustified hospitalization in a psychiatric hospital
Author(s) -
V.N. Voronin
Publication year - 2022
Publication title -
ûridičeskij vestnik dagestanskogo gosudarstvennogo universiteta
Language(s) - English
Resource type - Journals
eISSN - 2411-0299
pISSN - 2224-0241
DOI - 10.21779/2224-0241-2022-41-1-126-136
Subject(s) - legislation , legislature , criminal code , criminal law , subject (documents) , law , criminal procedure , political science , penal code , field (mathematics) , code (set theory) , criminology , relation (database) , psychiatry , psychology , computer science , mathematics , set (abstract data type) , library science , pure mathematics , programming language , database
The subject of the research is public relations in the field of ensuring the physical freedom of the individual from illegal and unjustified hospitalization in a psychiatric hospital by criminal legal means. The author reveals certain problems of the emergence of a criminal law prohibition provided for by Art. 128 CC, its evolution and application. The research methodology is based on the general historical method and particular methods of legal analysis and legislative technique. As a conclusion, the author proposes a solution to theoretical problems regarding the establishment of signs of corpus delicti under Art. 128 of the Criminal Code, and also formulates proposals for improving the current criminal legislation and the practice of its application.