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Lawyer in cases concerning the compulsory application of medical or educational measures

Compulsory medical measures are measures of a criminal legal nature that relate to the Commission of a specific crime.

→ The main subject of such measures is an individual who has reached the age of criminal responsibility, but is considered insane, as a result of mental abnormalities. That is why certain criminal measures are applied to this person to provide protection for other citizens.

According to Article 92 of the Criminal Code of Ukraine, outpatient psychiatric care is offered as compulsory measures to a person who has committed socially dangerous actions. This is necessary to pass a compulsory course of treatment, as well as to ensure that the offender does not continue to commit such actions.

According to Article 93 of the CCU, such events are held for violators who:

  • committed dangerous acts in a state of insanity;
  • committed a crime in a state of limited insanity;
  • committed a crime in a state of sanity, but became mentally ill before the sentence was passed by the court or while serving the sentence.

Taking into account mental disabilities, an individual does not have the right and opportunity to independently defend their interests in the course of legal proceedings. Therefore, according to paragraph 3 of part 1 of Article 51 of the CPC, during the investigation, such assistance must be provided by a lawyer. The court does not take into account the refusal of the defendant, who has mental disorders, to offer the services of a lawyer.

In turn, the criminal lawyer of Kasyanenko & Partners Law Company, who takes up the case, necessarily coordinates his position on the submitted case with the position of the legal representative and the mentally ill defendant (if his mental state at the moment is considered satisfactory).

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