The issue of the release of insane persons from criminal liability and the application to them of forced measures of medical character

In the article the author analyzes the validity of the exemption from criminal liability persons who committed socially dangerous act envisaged in the Special part of the Criminal code of the Russian Federation in a state of insanity on the grounds, provided by part 1 of article 443 of the Criminal procedure code of the Russian Federation. In addition, the author criticizes the assignment by the Russian legislator of compulsory measures of medical character applied to insane persons to other measures of criminal-legal nature, established for Commission of the crimes. A socially dangerous act committed by a person in a state of insanity characterized by lack of guilt of that person in the Commission of the offense stipulated by part 1 of article 21 of the Criminal code of the Russian Federation. In addition, not a mentally ill person who committed a socially dangerous act in condition of insanity and the subject of the crime and, therefore, it is not subject to criminal liability, which is regulated by article 19 of the Criminal code of the Russian Federation. Therefore, the insane person may be released from criminal liability. And if the person after the Commission of an offence under the criminal law, will be a danger to his mental state, the person may be subjected to coercive measures of a medical character stipulated by article 99 of the Criminal code of the Russian Federation that follows from the legislative interpretation of part 2 of article 21 of the Criminal code of the Russian Federation. However, part 1 of article 443 of the Criminal procedure code of the Russian Federation regulate a statutory requirement for exemption from criminal liability persons who committed socially dangerous act in condition of insanity and the application of compulsory measures of a medical nature. The author believes that the legal norm stipulated by part 1 of article 443 of the code of criminal procedure, does not meet the criminal law and therefore it should not be applied in practice. In addition, the author does not agree with the position of the Russian legislator, which leaves the application of coercive measures of a medical nature to the "other measures of criminally-legal character" that in accordance with part 2 of article 2 of the Criminal code of the Russian Federation, are established for committing crimes. According to the author of the article, compulsory measures of a medical nature applied to insane persons, cannot be considered as "other measures of criminal-legal nature, established for Commission of the crime", because it is contrary to fundamental principles of criminal law, namely, article 5 and part 1 of article 14 of the criminal code of the Russian Federation in their interrelation with article 21 of the criminal code and articles 24 to 26 of the Criminal code of the Russian Federation. Therefore, to resolve legal conflicts between the right norms of the Criminal code of the Russian Federation should revise the Federal law, namely, to exclude coercive measures of a medical nature applied to insane persons, among other measures of criminally-legal character established for the Commission of crimes.

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