Improving of the criminal responsibility for illegal hospitalization to a medical organization providing psychiatric aid in stationary conditions

Human life is the highest value in the modern world, and his health condition determines a number of special procedural actions. Special attention should be paid to the mental health of a person, which can significantly affect the independence of his decisions, including in the legal plan. In case when a person has serious mental disorders and needs appropriate medical care, the legislation of the Russian Federation provides for a person to be hospitalized in a psychiatric medical organization, which can be done with or without the consent of the individual or his legal representatives. The use of compulsory medical measures for certain categories of criminals who have mental disorders and medical conditions for the implementation of appropriate treatment is also relevant. Despite the detailed regulation of the procedures for involuntary hospitalization in a psychiatric medical organization of persons whose health condition requires these actions, in practice there are situations of illegal use of these procedures with criminal intent. The purpose of the paper is to analyze the grounds and process of criminalizing illegal hospitalization in a psychiatric medical organization. The focus is on the serious legal and medical consequences of this crime. The author concludes that the current criminal law norm is ineffective and formulates proposals for its improvement in terms of expanding the objective side of the analyzed crime by securing responsibility for the illegal hospitalization extension and clarifying the subject of the crime, taking into account the possible criminal intent of the legal representatives of a person with a mental disorder.

illegal hospitalization in a medical organization, psychiatric medical hospital, psychiatric care, institution of criminal liability, criminal legislation of the Russian Federation