Return of the criminal case to the prosecutor for drawing up a indictment or a bill of indictment in a criminal case sent to court with a ruling on the application of a compulsory medical measure
Year: 2026
Type: article
Abstract: Relevance. One of the problems associated with determining the procedural status of a person with a mental disorder who has committed a crime is the difficulty of establishing and diagnosing the mental disorder, the level of its severity, and, as a result, the recognition of the person as an accused and their criminal liability, or the decision to apply compulsory medical measures to them.The purpose of the study is to determine the grounds for considering the issue of returning the criminal case to the prosecutor at a preliminary hearing; to resolve the issue of applying a preventive measure and determining the procedural status of the person whose criminal case is being sent to the prosecutor.Objectives: to establish the grounds for considering the issue of returning the criminal case to the prosecutor for drawing up a charge sheet instead of a ruling on the application of compulsory medical measures at the preliminary hearing; to establish the procedure for making a decision on the application of a preventive measure against the specified person; and to determine the composition of the persons participating in the preliminary hearing when considering these issues.The research methodology includes the dialectical method, the comparative legal method, the formal logical method, and the methods of analysis and synthesis.Results. During the study, the composition of the persons participating in the preliminary hearing on the return of the criminal case to the prosecutor for the preparation of an indictment was determined. The grounds for considering this issue were proposed, and the materials to be examined at the preliminary hearing were identified.Conclusion. When the preliminary hearing considers the issue of returning the criminal case to the prosecutor for the purpose of drawing up a charge sheet instead of a ruling on the use of compulsory medical measures, the following participants must be present: the person in question, their legal representative, a defense attorney, the prosecutor, the chairman of the expert commission that conducted the forensic psychiatric examination, and the psychiatrist who observed the person after their admission to a psychiatric clinic based on the forensic psychiatric examination.
Authors: T. K. Ryabinina, L. G. Tatyanina
Institution: Udmurt State University
Language: English
Topic: Criminal Law and Policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7128802452