Article 92. Definition and purpose of compulsory
medical measures
Compulsory medical measures shall mean an
outpatient psychiatric assistance, placement
of a person, who committed a socially dangerous
act that involves elements of any act described
in the Special Part of the Code, in a special
treatment institution for the purpose of his/her
compulsory treatment, and also prevention
of this person from committing any socially
dangerous acts.
Article 93. Persons subjected to compulsory
medical measures
Compulsory medical measures may be applied
by a court to persons who:
(1) committed any socially dangerous acts
in condition of insanity;
(2) committed a criminal offense in condition
of partial insanity
(3) committed a criminal offense crime but
developed insanity before a sentence was pronounced
or while serving a sentence.
Article 94. Types of compulsory medical
measures
1. A court may impose the following compulsory
medical measures depending on the seriousness
of a mental condition, the gravity of an act
committed, and the degree to which the offender
is dangerous to himself or others:
(1) compulsory outpatient psychiatric assistance;
(2) hospitalization in a regular-security
mental institution;
(3) hospitalization in a reinforced-security
mental institution;
(4) hospitalization in a high-security mental
institution;
2. A court may order compulsory outpatient
psychiatric assistance in respect of a mentally
sick person who committed an socially dangerous
act, if the condition of the person does not
necessitate inpatient treatment in a mental
institution.
3. A court may order hospitalization in a
regular-security mental institution in respect
of a mentally sick person whose mental condition
and the nature of his/her socially dangerous
act necessitates custody in a mental institution
and compulsory treatment.
4. A court may order hospitalization in a
reinforced-security mental institution in
respect of a mentally sick person who committed
a socially dangerous act that involved no
trespass against lives of other persons and
whose mental condition is not dangerous to
the public but necessitates custody in a mental
institution and treatment in conditions of
reinforced security.
5. A court may order hospitalization in a
high-security mental institution in respect
of a mentally sick person who committed a
socially dangerous act that involved a trespass
against lives of other persons and whose mental
condition and the nature of his/her socially
dangerous act pose an increased hazard to
the public and necessitate custody in a mental
institution and treatment in conditions of
high security.
6. If compulsory medical measures are found
not to be necessary or are discontinued, a
court may place a mentally sick person under
care of relatives or custodians on condition
of a compulsory medical follow-up.
Article 95. Continuation, change or discontinuation
of compulsory medical measures
1. Continuation, change or discontinuation
of compulsory medical measures shall be ordered
by a court upon a motion of a representative
of the mental institution (psychiatrist),
who provides psychiatric assistance to a person,
together with am appended opinion of a panel
of psychiatrists, which states the reasons
for continuation, change or discontinuation
of any compulsory measures.
2. Persons subjected to compulsory medical
measures shall be examined at least once every
six months by a panel of psychiatrists who
shall determine any reasons that may justify
a court motion seeking discontinuation or
change of any such measures. If no reasons
are found, which justify the discontinuation
or change of a compulsory medical measures,
a representative of a mental institution (psychiatrist)
who provides psychiatric assistance to the
person, shall file an application with a court,
together with an opinion of the panel of psychiatrists,
which provides reasons for continuation of
compulsory medical measures. If compulsory
medical measures need to be extended beyond
a six-month period, a representative of a
mental institution (psychiatrist) who provides
psychiatric assistance to the person, shall
file with a local court an application for
extension of compulsory measures. The application
shall be accompanied with an opinion of a
panel of psychiatrists, which provides reasons
for the need to continue psychiatric assistance
to the person. Every further extension of
compulsory medical measures may not exceed
six months.
3. Where compulsory medical measures are discontinued
due to improvement of mental condition of
a person, a court may place him/her under
care of relatives or custodians on condition
of a compulsory medical follow-up.
4. Where compulsory medical measures are discontinued
due to recovery, persons, who committed any
offense in state of sanity but developed insanity
before a sentence was pronounced, shall be
liable to punishment on general grounds, and
persons, who developed insanity while serving
a sentence, shall continue to serve the sentence.
Article 96. Compulsory treatment
1. Compulsory treatment may be ordered by
a court in respect of persons, who committed
offenses and have any disease dangerous to
the health of others, irrespective of the
punishment imposed on them.
2. In case of imprisonment or restraint of
liberty, treatment shall be provided at the
place of service. In case of any other type
of punishment, treatment shall be provided
in special treatment institutions.
