graduate student from 01.01.2024 until now
UDC 343.13
Conducting investigative actions involving individuals subject to compulsory medical measures has its own unique characteristics. This is due to the presence of a mental disorder, and therefore the state of health of such individuals at the time of the crime, as well as during the preliminary investigation, is assessed through a forensic psychiatric examination. However, if a significant period of time has passed since the examination, the investigator faces difficulties assessing the mental health of these individuals to determine their ability to participate in the investigative process or actions. Therefore, in some cases, it is necessary to resort to specialized knowledge, and in this case, the author of this article believes that the participation of a specialist is advisable. The Criminal Procedure Code of the Russian Federation does not provide a clear mechanism for assessing the current mental state of individuals subject to compulsory medical measures to determine their ability to participate consciously in investigative actions. Based on an analysis of domestic and international experience, the role of a specialist is demonstrated as a guarantee for protecting the procedural rights of such individuals and ensuring the admissibility of evidence.
proceedings on the application of compulsory medical measures, investigative actions, mental state, participation of a specialist
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