The Criminal Code Of The Russian Federation

Adopted by the State Duma on May 24, 1996
Adopted by the Federation Council on June 5, 1996
Federal Law No. 64-FZ of June 13, 1996 on the Enforcement of the Criminal
Code of the Russian Federation

Part I
Section VI
Chapter 15
Compulsory Measures of a Medical Nature

Chapter 15. Compulsory Measures of a Medical Nature

Article 97. Grounds for the Application of Compulsory Measures of a Medical Nature


1. Compulsory measures of a medical nature may be inflicted by a court of law on the following persons:
    a) those who have committed deeds stipulated by the Articles of the Special Part of this Code, while in a state of insanity;
    b) those who, after the commission of a crime have caught mental derangement, which makes it impossible to impose or execute punishment;
    c) those who have committed a crime and who suffer from mental derangement that does not incapacitate them mentally;
    d) those who have committed a crime and who are deemed to be in need of treatment for alcoholism or drug addiction.
2. Compulsory measures of a medical nature shall be imposed on the persons referred to in the first part of this Article, only in cases where their mental derangement threatens the possible infliction on these persons of further damage, or danger to themselves or other persons.
3. Procedures for the implementation of compulsory measures of a medical nature shall be determined by the criminal and executive laws of the Russian Federation, and by other federal laws.
4. In respect of the persons referred to in the first part of this Article, who do not present danger due to their mental state, the court may transfer the requisite materials to the public health bodies for the settlement of the question of medical treatment of these persons, or of sending them to mental and neurological institutions of social security in the order prescribed by the laws of the Russian Federation on public health.

Article 98. The Purposes of the Application of Compulsory Measures of a Medical Nature


The purposes of the application of compulsory measures of a medical nature include the medical treatment of the persons referred to in the first part of Article 97 of this Code, or the improvement of their mental state, and also the prevention of the commission by them of new crimes, as stipulated by the Articles of the Special Part of this Code.

Article 99. Compulsory Medical Measures


1. A court of law may impose the following compulsory medical measures:
    a) compulsory out-patient observation and treatment by a psychiatrist;
    b) compulsory treatment in a specialized mental hospital;
    c) compulsory treatment in a specialized mental hospital with intensive observation.
    d) compulsory treatment in a psychiatric hospital of specialized type with intensive observation.
2. Persons who are convicted for crimes committed in a state of sanity but who are in need of medical treatment for alcoholism, drug abduction, or mental disorders, which do not reach in sanity may be imposed by a court of law, in addition to punishment, with compulsory medical measures in the form of compulsory out-patient observation and treatment by a psychiatrist.

Article 100. Compulsory Out-patient Observance and Treatment on the by a Psychiatrist


Compulsory out-patient observation and treatment by a psychiatrist may be imposed in the presence of the grounds envisaged by Article 97 of this Code, if the person, due to his mental state, is not in need of treatment in a mental hospital.

Article 101. Compulsory Treatment in a Mental Hospital


1. Compulsory treatment in a mental hospital may be imposed in the presence of the grounds envisaged by Article 97 of this Code, if the nature of mental derangement of a person calls for such conditions of treatment, care, custody, and observation which can be realized in a mental hospital.
2. Compulsory treatment in a mental hospital of a general type may be imposed on a person who, due to his mental state, is in need of treatment and observation in a hospital but who is not in need of intensive observation.
3. Compulsory treatment in a specialized mental hospital may be imposed on a person who due, to his mental state, requires permanent observation.
4. Compulsory treatment in a specialized mental hospital with intensive observation may be imposed on a person who, due to his mental state, represents a special danger to himself or to other persons, and who requires permanent and intensive observation.

Article 102. The Prolongation, Change, or Termination of the Use of Compulsory Medical Measures


1. The use of compulsory medical measures may be prolonged, changed, or terminated by a court of law upon the proposal of the management of the institution which carries out obligatory treatment, on the basis of the opinion of a committee of psychiatrists.
2. A person who undergoes compulsory medical measure shall be subject to examination by a commission of psychiatrists at least once every six months,to resolve the question of whether there are grounds for the submission of a proposal to the court concerning the termination of the use or the change of such measures. In the absence of grounds for the termination of the use or the change of compulsory medical measures, the management of the institution which carries out the compulsory treatment shall submit to the court its opinion on the extension of compulsory medical treatment. The first extension of compulsory medical treatment may be made upon the expiry of six months after the beginning of treatment; subsequently, compulsory treatment shall be extended every year. A medical examination of such a person shall be performed on the initiative of the medical doctor responsible for treatment if he/she has come to a conclusion that the enforced medical treatment is to be altered or terminated and also on the initiative of the person himself/herself, his/her representative under law and/or a close relative. The petition shall be filed through the management of the institution performing the enforced treatment, irrespective of the time of the last examination.
3. A change or termination of the use of compulsory medical measures shall be effected by the court in case of such alteration of the mental state of the person as eliminates the need for the application of the measures imposed earlier, or as necessitates the imposition of when there is a need to a different compulsory medical measure.
4. In case of the termination of the use of compulsory treatment in a mental hospital, the court of law may transfer the necessary materials about the person who was treated to the bodies of public health for the settlement of the question of his medical treatment or of sending him to a mental or neurological establishment of social security in the order prescribed by the laws of the Russian Federation on public health.

Article 103. Set-off of the Time of Application of Compulsory Medical Measures


In case of curing a person whose mental derangement commenced after the commission of a crime, and when punishment is imposed or its execution is resumed, the time during which compulsory treatment was performed in a mental hospital shall be incorporated into the term of punishment at the rate of one day of stay in the mental hospital per one day of deprivation of liberty.

Article 104. Compulsory Medical Measures Joined with the Execution of Punishment


1. In cases provided for by the second part of Article 99 of this Code, compulsory medical measures shall be implemented in the place of serving deprivation of liberty, and in respect to persons sentenced to other penalties, these measures shall be implemented in the institutions of public health bodies which render out-patient psychiatric aid.
2. In case of a change in the mental state of a convicted person who requires in-patient treatment, this person shall be placed in a mental hospital or any other medical establishment in the order and on the grounds prescribed by the laws of the Russian Federation.
3. The time of stay in said establishments shall be incorporated into the term of serving the sentence. If there is no longer a need to treat the convicted person in said establishments, then he shall be discharged from the hospital in the procedure provided for by the laws of the Russian Federation.
4. The use of compulsory medical measures, joined with the execution of punishment, shall be stopped by a court of law upon the proposal of the body that executes the punishment or on the basis of the opinion of the committee of psychiatrists.

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