Persons who committed a crime in a state of insanity
Persons who committed a crime in a state of insanity
When individuals committing a publicly perpetrated act of insanity are considered to be criminally irresponsible, then specific measures of a non-criminal nature may be imposed on them.
- control and especially training are applied to mentally undeveloped people;
- special medical measures are imposed on the mentally ill or temporarily psychologically disturbed, which may pose a threat to others.
The Criminal Code has a separate chapter: "Coercive Medical Measures". The standards in it are not criminal or reprehensible. They aim to treat and prevent any future socially dangerous behavior. The measures are imposed by the court after the preparation of a forensic psychiatric examination for the particular person, which establishes the necessity of the measure.
Types of coercive measures:
- self-imposed when the person has committed the act in a state of insolvency or has fallen into such a state before sentencing or during the serving of the sentence;
- They are imposed with punishment when the perpetrator is criminally responsible - for example, when he suffers from drug addiction or alcoholism.
Types of forced medical measures:
1. handing over to the relatives if they undertake to treat the patient by monitoring a psycho-neurological dispensary;
2. Forced treatment in a normal psycho-neurological establishment;
3. Forced treatment in a special psychiatric hospital or in a special ward in an ordinary hospital where it is determined that the person is particularly dangerous to the public or to their relatives.
When imposing medical measures on the court, no specific time limit is set. It may be discontinued or changed depending on the changes in the condition of the patient.
Forced treatment can be organized differently depending on the nature of the penalty imposed:
- in a medical institution with a special treatment and employment regime, where imprisonment is imposed without imprisonment;
- in respect of persons sentenced to imprisonment, the treatment is carried out at the time of the execution of the sentence and its duration is deducted from the term of imprisonment;
- if, after serving the custodial sentence, the court considers it may order him to continue to be treated in a medical establishment.
The duration of the coercive treatment is also not determined in advance, but depending on the need in the course of the action.
Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg