Ethics of Applying Compulsory Treatment as a Preventive Measure in Criminal Law

  • Svetlana SHEVELEVA Law Faculty, Southwest State University, Kursk, Russian Federation
  • Anton BAUMSTEIN Department of Criminal Law, Southwest State University, Kursk, Russian Federation
  • Valeriy NOVICHKOV Department of Criminal Law, Southwest State University, Kursk, Russian Federation
  • Andrey BAYBARIN Department of Criminal Law, Southwest State University, Kursk, Russian Federation

Abstract

The research discusses the debatable issue of the use of compulsory medical treatment (CMT) as a preventive measure in criminal law. CMT are measures of coercion, or more particularly, state coercion, as they are applied by state bodies on behalf of the public and are backed by the coercive power of the state. However, CMT are not a measure of responsibility. Nor are they preventive measures. The latter are an independent form of legal coercion. CMT is a preventive measure, the use of which prevents the possibility of an unlawful act without establishing guilt, i.e. assessment of the violation in terms of punishment. It is concluded that since the content of the notion of CMT can be filled with different meanings and cannot be uniquely correct and meets all the requirements of science, it must have incomplete attribution in the criminal law, which must be formal. The presentation of the author’s vision of the definition of ‘compulsory medical measures’ is preceded by the following remark. Since the content of the concept of CMT can be filled with different meanings and cannot be uniquely correct and meets all the requirements of science, so long as it should have incomplete attribution in the criminal law, be only formal. It is fundamentally impossible to encompass the general concept of CMT in the law, because it would be necessary to cite all possible definitions in this normative source. The proposed definition of CMT is only an attempt from some unusual positions to understand the essence of such a complex legal institution. And since we have defined CMT as preventive measures in criminal law, such an interpretation, in our opinion, provides an explanation for many theoretical and practical issues.


 

References

[1] Baker, R. 2012. Medical Ethics. History of Encyclopedia of Applied Ethics: 61-9.
[2] Bignold, L.P. 2019. Chapter 20: Costs, ethics, and malpractice litigation. ‚Principles of Tumors’. Second Edition, Academic Press, 473-94.
[3] Geppert, C.M.A., and M.P. Bogenschutz. 2009. Ethics in Substance Use Disorder Treatment. Psychiatric Clinics of North America 32(2): 283-97.
[4] Grahn, R., L.M. Lundgren, D. Chassler, and M. Padyab. 2018. Repeated entries to the Swedish addiction compulsory care system: A national register database study. Evaluation and Program Planning 49: 163-71.
[5] Kalinina, T.M. 2009. Prinuditelnye mery medicinskogo haraktera: mery gosudarstvennogo prinuzhdeniya ili mery bezopasnosti [Mandatory measures of medical nature: measures of state coercion or security measures?]. Aktualnye problemy rossijskogo prava [Actual problems of Russian law] 1(10): 342-8.
[6] Kennedy, S.I. 2018. Deprivation of liberty in medical practice. Medicine 46(7): 411-3.
[7] Kirillova, E.A., V.V. Bogdan, E.S. Ustinovich, Y.O. Pronina, and O.A. Kovaleva. 2018. Public interest and privacy: The right to privacy in the cover-age of events by the mass media. International Journal of Engineering and Technology 7(4): 239-43.
[8] Lundahl, A., G. Helgesson, and N. Juth. 2018. Psychiatrists' motives for practising in-patient compulsory care of patients with borderline personality disorder (BPD). International Journal of Law and Psychiatry 58: 63-71.
[9] Miheev, R.I., A.V. Belovodskij, V.A. Vorobej, and O.R. Miheev. 2000. Prinuditelnye mery medicinskogo haraktera v ugolovnom prave – socialno-pravovye i mediko-reabilitacionnye mery bezopasnosti. Vladivostok.
[10] Opitz-Welke, A., and N. Konrad. 2019. Psychiatric approach to violent behavior in severe mental illness – Violation of human rights? Ethics, Medicine and Public Health 8: 127-31.
[11] Owen, G.S., B.W.J. Spencer, and R.A.A. Kanaan. 2016. The legal and ethical framework for compulsory psychiatric treatment. Medicine 44(12): 734-6.
[12] Owen, G.S., and R.A.A. Kanaan. 2008. The legal and ethical framework for psychiatry. Medicine 36(8): 391-2.
[13] Sheveleva, S.V. 2011. Uslovnoe osuzhdenie kak preventivnaya mera v ugolovnom zakonodatelstve, Rossijskaya yusticiya 4: 17-19.
Published
2019-06-30
How to Cite
SHEVELEVA, Svetlana et al. Ethics of Applying Compulsory Treatment as a Preventive Measure in Criminal Law. Journal of Advanced Research in Law and Economics, [S.l.], v. 10, n. 3, p. 910-916, june 2019. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/4688>. Date accessed: 05 may 2024. doi: https://doi.org/10.14505//jarle.v10.3(41).28.