compulsory treatment does not violate the rights of persons with mental disorders – Kommersant

The Constitutional Court of Russia has established that compulsory treatment is prescribed to persons with mental disorders so that they do not cause harm to others and themselves, and therefore their rights are not violated. Also, the duration of compulsory treatment cannot be a basis for terminating a criminal case, as stated in the resolution of the Constitutional Court of the Russian Federation (.pdf).

The reason for the constitutional court’s review of articles 97, 99, 100 and 102 of the criminal code was a request from the Salekhard City Court of the Yamalo-Nenets Autonomous Okrug. Two criminal cases were heard in the city court. The defendants in both cases were sent for compulsory treatment. The first received a suspended sentence, the second was released from criminal liability. The court has repeatedly extended compulsory treatment measures for these individuals. At some point, the court considered these measures disproportionate because they did not have an expiration date.

The Constitutional Court explained that persons who have committed a crime are prescribed treatment in order to prevent harm to themselves or others. Otherwise, it is contrary to the Constitution, the Criminal Code and the federal law on compulsory treatment. The Constitutional Court also noted that judicial control is aimed at protecting such citizens from unjustified restrictions on their rights, as well as protecting society from possible actions of citizens with disabilities.

The court concluded that the rules are constitutional and do not imply the termination of treatment even when the sentence or probation period has expired, since the ultimate goal of such treatment is to cure the person or improve his mental condition.

Alexandra Goroshilova