Open AccessHISTORICAL AND LEGAL OUTLINE OF DEVELOPMENT OF LEGISLATION ON CRIMINAL LIABILITY FOR ESCAPE FROM A SPECIALIZED TREATMENT INSTITUTION
Author(s) -
Я. В. Деркач
Publication year - 2020
Publication title -
ûridična nauka
Language(s) - English
Resource type - Journals
ISSN - 2222-5374
DOI - 10.32844/2222-5374-2020-105-3.05
Subject(s) - criminal code , legislation , law , imprisonment , legislator , political science , ukrainian , criminal law , institution , criminal procedure , punishment (psychology) , criminology , sociology , psychology , social psychology , linguistics , philosophy
Without going into a discussion about the periodization of the history of Ukrainian legislation, the author notes that we adhere to the generally accepted position, according to which the history of our country is divided into three general periods. The first period – before the revolution of 1917, the second period – from the revolution of 1917 to the declaration of independence of Ukraine in 1991, the third period – from the declaration of independence of Ukraine in 1991 to the present. In the article, the author conducted a study of the historical and legal development of the legislation on criminal liability for fleeing from a specialized medical institution (from Russkaya Pravda to the Criminal Code of 1903). As a result of the study, the author found that during the reign of «Russkaya Pravda» there are the first mentions of cases of coercion to the mentally ill. Moreover, for a long time Ruska Pravda and customary law operated in the Ukrainian territories as the main sources of regulation of legal relations. The third Chapter of the Code of Criminal and Correctional Punishment of 1845 reflected the question «On the imposition of punishment for crimes» In Art. 98 the legislator provides a list of reasons for which the act should not be at fault. In Art. 101 of the Criminal and Correctional Penal Code of 1845 provided for the imprisonment of patients with mental disorders in the building for the insane. Thus, in the Criminal and Correctional Penal Code of 1845 there were two types of mentally ill persons: from birth and acquired in the process of life. Persons who committed violent crimes and were found to be mentally ill were sent to special homes for the insane for detention and treatment. Exit from which was prohibited until the decision of senior management. There was no criminal liability for fleeing from such houses. Thus, the Criminal and Correctional Penal Code of 1845 can be considered the first criminal law, which provided for the forced removal of sick people from society in special homes for the insane. In 1903, during the reign of Russian Emperor Nicholas II (Romanov), a new collection of criminal law was approved under the title «Criminal Code» of March 22. In the Criminal Code of March 22, 1903, the provisions contained in the Criminal and Correctional Penal Code of 1845 were revised. Rape has been added to the list of criminal acts for which the mentally ill are sent for involuntary treatment.