Release from serving a sentence due to mental illness

Abstract

The article highlights the issues of exemption from serving a sentence due to a mental illness, which makes it impossible for her to realize her actions or control them. The concepts of mental illness as a basis for exemption from serving a sentence are analyzed, and it is recommended to use the concept of severe mental and behavioral disorder. The distinction between exemption from serving a sentence due to mental illness and related criminal law institutions, in particular insanity, is described. Mental disorders, which serve as the basis for submitting materials to the court on exemption of convicts from further serving of sentence, are enumerated. The current legislation and court practice on the issues of release from punishment for mental illness is also described. A general review of the application of compulsory medical measures was conducted. A list of special institutions for providing psychiatric care and the categories of people who stay there were appointed.

The conclusions of the article contain recommendations for amendments to the criminal-executive legislation of Ukraine and serve to ensure the rights of convicts with severe mental and behavioral disorders. It is also recommended to the National School of Judges of Ukraine to include the issue in the relevant programs when conducting judicial education.