"Yes, I'm in a mental hospital; I hear such phrases from other people, especially relatives, sad and even scary. However, how legitimate is like a threat, and can she be incarnated to be incarnated in life? Let's try to figure it out today.
Case from practice
There is a very interesting thing in my practice. The spouse tried to put his wife after childbirth in a psychdispean, thereby freeing the soil for the new young "love." He morally destroyed the woman for 1.5 years, taking advantage that she actually had nowhere to go, forcing me to turn to a psychiatrist (notice: not to a family psychologist), otherwise the divorce. So it continued until she turned to me as a lawyer and did not recognize about the center for women with children who came to a difficult situation.
The sign in this story is one - illegal actions of the person (her husband) falling under the actions of the Criminal Code of the Russian Federation.
Natalia Khurchakova
How should hospitalization of a person in a psychdispeance
Of course, persons suffering from serious psychiatric diseases should receive appropriate treatment to minimize harm to themselves and others.
Please note: even the presence of a psychiatric disease does not cancel the rights and freedoms of citizens protected by the Constitution and various legislative acts.
However, the permanent room in a psychdispean of a healthy person and his retention is illegally. Similar actions fall under Art. 128 of the Criminal Code.
To talk about illegality, you must first understand all the subtleties of the room in the hospital regulated by the Law of the Russian Federation No. 3185-1 of 02.07.1992
According to him, the appeal of the face in the medical insurance should be voluntary (!) And accompanied by the signing of consent to treatment.
Please note: the incapacity of the patient does not exempt from the need to sign the consent. Just for him, the document signs a legal representative or parent (in the event of a child's treatment up to 15 years, as well as drug addicts up to 16 years).
In addition, a person cannot impede if he wants to leave the dispensary, with the exception of such situations:
- the patient is dangerous for himself and others;
- He is not able to serve himself independently;
- Treatment is necessary for the prevention of critical deterioration of health.
Please note: confirm the above should a medical commission no later than 2 days from the moment of the patient's arrival. It conveys its decision to the court, where it is considered up to 5 days. The result of the study will be the decision on the validity or unreasonableness of the forced treatment of a person.
The actions of relatives or other stakeholders, reaching against the principles described above, are equal, in fact, to imprisonment (Article 127 of the Criminal Code of the Russian Federation). But the special vulnerable state of a person who was illegally held in a medical institution of this type made it possible to make this crime into a separate composition (mentioned Article 128).
However, the Criminal Code does not specify how the face must be placed in the hospital on legal grounds. In practice, such cases fall under the article:
- the signing of the consent person is achieved by threats and requesting;
- instead of an outpatient treatment of a person forcibly held in the hospital according to the sole illegal decision of the doctor;
- There are no prerequisites for inpatient treatment at all.
The judge who issued an illegal decision falls under Art. 305 of the Criminal Code.
A person, guilty of committing a crime, in the absence of aggravating circumstances, will suffer responsibility under Part 1 of Article 128. His freedom may be limited to a period of up to three years, and forced work has been appointed for this period. It can also be deprived of freedom for up to 36 months.
The second part of the article is envisaged for those who have a special position and we used in their criminal purposes. So threatened forced work for up to 5 years or deprivation of the right to hold posts for 3 years. Also can be deprived of freedom for 7 years.