Open AccessBACK TO THE QUESTION OF STUDYING A SPECIAL SUBJECT OF PROOF
Author(s) -
Колмаков Пётр Александрович
Publication year - 2019
Publication title -
vestnik udmurtskogo universiteta. èkonomika i pravo
Language(s) - English
Resource type - Journals
eISSN - 2413-2446
pISSN - 2412-9593
DOI - 10.35634/2412-9593-2019-29-4-509-513
Subject(s) - subject (documents) , harm , insanity , commission , psychology , institution , personality , interpretation (philosophy) , insanity defense , law , psychiatry , social psychology , political science , computer science , library science , programming language
The article discusses the previously investigated circumstances of a special subject of proof in the production on the use of compulsory medical measures. The general basis for their use is the proof of the commission of a socially dangerous act and mental disorder, which is connected with the possibility of infliction by these persons of other significant harm or danger to themselves or others. It is noted that to give a single interpretation of the danger of a person outside the types of mental pathology is very problematic - as an evaluative feature, it has not yet been formalized in the law. Attention is drawn to the difficulty for the law enforcer to perceive the essence of specific adult personality disorders and the medical component of an integrated institution of compulsory medical measures. The existing administrative and legal problems in determining and implementing the medical criterion of insanity are examined.