Social distributional aspect of penal actions

Lapshin, Valery; Korneev, Sergey

doi:10.1051/e3sconf/201913504063

Cited by 4 publications

(1 citation statement)

References 10 publications

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“…But in law enforcement practice, there are situations when a person guilty of a crime cannot be punished, and his/her state of health (physical, mental or psychological) requires the application of other criminal law measures. One of the types of such criminal law measures that are not criminal punishment is coercive medical measures (Lapshin and Korneev, 2019).…”

Section: Introductionmentioning

confidence: 99%

Legality of Applying Coercive Medical Measures in Criminal Law

et al. 2021

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The objective of the study was to determine the legality of the application of coercive medical measures and to develop recommendations to improve the legislative regulation of their use. The study included data on the number of offenders with mental disorders; the empirical background was the decision of the European Court of Human Rights on the application of coercive medical measures; provisions of the legislation of 31 countries. Methods of system approach, comparison, descriptive analysis, pragmatic approach, prognosis were used. The national criminal law of most states regulates the application of coercive medical measures to persons who have committed a crime in a state of limited sanity or insanity or have acquired it before sentencing or during the execution of the sentence, but its practical application causes several complications. It is concluded that the legislative definition of coercive medical measures corresponds to human rights legislation. But there are problems with its practical application. Proposals were made to amend national and international legislation: to broaden the range of grounds for the application of coercive medical measures; regulate the possibility of early termination of a coercive medical measure; oblige the courts to determine the appropriate terms.

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Section: Introductionmentioning

confidence: 99%

Legality of Applying Coercive Medical Measures in Criminal Law

et al. 2021

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Structural analysis of types of Muslim religious consciousness

et al. 2021

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A separate theoretical and legal study should be devoted to essential features of legal consciousness of Muslims, which will be based on the study of perception of positive law through the prism of Islamic religious and legal doctrine. It is advisable to start the basis of this study with definition of its main structural element - the types of Muslim legal consciousness. Consideration of this issue from the standpoint of natural law will expand the traditional boundaries of theory of modern legal consciousness, open up additional applied and scientific horizons and, using the example of Islam, allow us to consider peculiarities of religious influence on legal consciousness of various categories of citizens. Knowledge of foundations of Muslim law, procedure for formation of moral and social religious attitudes, interpretation of religious canons and dogmas contribute to a better understanding of many processes taking place within Russian Muslim community and can form the basis of mechanism for formation of moral legal consciousness, which must be opposed, in its turn, to radical and criminalized forms of religious consciousness.

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Environmental factors in the proceedings organization on the compulsory medical measures application

Geranin¹,

Zharko

Zakharova

et al. 2021

E3S Web Conf.

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For several generations in a row, humanity has lived with a constant and obsessive fear of environmental disasters. Violation of the environmental regulations, of the rules on the use of the environmentally hazardous substances and dangerous waste; security breach regarding the handling microbiological or other biological agents and toxins; pollution of water, the marine environment, the atmosphere, land, deforestation - all this together constitutes a factor of increased danger for the normal ecological situation in the region, country, world. Social relations arising in the considered sphere of society are regulated by criminal legislation. It is well known that every year the ecological situation in the world tends to worsen, which is confirmed by the official position of the highest government bodies. Against this background, the number of mental deviations is increasing, which, in its turn, is the reason for the commission of acts prohibited by the criminal law. Compulsory medical measures (hereinafter CMM) is an intersectoral legal institution regulated by the norms of criminal and criminal procedure legislation. In this regard, currently there are a number of problems associated with the organization of criminal proceedings on the use of CMM, which, to a certain degree, can be represented in the following form: 1) the category of persons in respect of whom the organization of proceedings on the use of CMM is carried out (Chapter 51 of the Criminal Procedure Code of the Russian Federation); 2) the types of CMM that can be applied to these persons instead of punishment or along with the imposed punishment; 3) the procedure for appointing and conducting a stationary forensic psychiatric examination to establish the mental state of a person before the commission of an act prohibited by the criminal law, at the time of its commission, as well as immediately after the commission and at the time of a forensic psychiatric examination; 4) the procedure for the termination, suspension and resumption of proceedings in this category of criminal cases in connection with a mental disorder of the accused (suspect); 5) the insufficiency of the circumstances to be proved in this category of criminal cases (CCP, art.434); 6) the need to highlight different approaches to organizing criminal proceedings of this type, depending on the category of persons in respect of whom the CMM is applied. All these problems in one way or another have a negative impact on the practical use of CMM. Based on the results of this study, proposals were made on the legislative consolidation of various types of organization of criminal proceedings on the use of CMM, due to the categories of persons to whom it is applied, as well as on improving the rules governing the conditions to be proven in criminal cases of this category.

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Social distributional aspect of penal actions

Cited by 4 publications

References 10 publications

Legality of Applying Coercive Medical Measures in Criminal Law

Legality of Applying Coercive Medical Measures in Criminal Law

Structural analysis of types of Muslim religious consciousness

Environmental factors in the proceedings organization on the compulsory medical measures application

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