 |
 |
|
||||||
|
|
Criminal Code of RA (Chapter 15 - Measures of medical enforcement)18.04.2003
Article 97. Grounds for application of medical enforcement measures. 1. The court can apply medical enforcement measures in relation to the person who: 1) committed the act envisaged in an article of the Special Part of this Code in an insane state. 2) Who after the committal of the crime develops such a mental disorder which makes assignment or implementation of the punishment impossible. 3) Who committed a crime in the state of limited sanity. 4) Who committed a crime and has been recognized as one in need of treatment against alcohol or drug addiction. 2. Medical enforcement measures in relation to persons mentioned in part 1 of this Article are assigned only when the mental disorder is related to the danger of inflicting other essential damage or to the danger for other persons or themselves. 3. The procedure of application of medical enforcement measures is established in the Criminal executive Code of the Republic of Armenia and other laws. 4. The court can submit necessary documents to health-care bodies in relation to the persons mentioned in part 1 of this Article whose mental state is not dangerous, to solve the issue of treatment of these people or sending them to neurological institutions. Article 98. Types of medical enforcement measures. 1. The types of medical enforcement measures are: 1) outpatient supervision by psychiatrist and enforced treatment; 2) enforced treatment in general psychiatry hospitals; 3) enforced treatment in special psychiatry hospitals; 2. The court can assign in addition to punishment a outpatient supervision by psychiatrist and enforced treatment for those convicted for committal a crime in the state of mental disorder not ruling out sanity, but who need treatment against alcohol, drugs or mental disorder not ruling out sanity. Article 99. Outpatient supervision by psychiatrist and enforced treatment. Outpatient supervision by psychiatrist and enforced treatment can be assigned if the person in his mental state does not need to be admitted to a psychiatry hospital. Article 100. Enforced treatment in psychiatry hospital. 1. Enforced treatment in psychiatry hospital can be assigned, if the state of mental disorder of the person requires treatment, care, such conditions of keeping and supervision which can be implemented only in a psychiatry hospital. 2. Enforced treatment in general psychiatry hospitals can be assigned in relation to the person who due to his mental state needs hospital treatment and supervision. 3. Enforced treatment in special psychiatry hospitals can be assigned in relation to the person whose mental state is dangerous for oneself and other persons or requires permanent supervision. Article 101. Assignment, change and termination of enforced medical measures. 1. When assigning enforced medical measures the court takes into account the mental disorder of the person, the nature of committed act and the degree of danger for the society. 2. In case of the person’s recovery or change of his illness when there is no need in enforced medical measure, the court, based on the conclusion of the medical institution, makes a decision to terminate the application of these measures. 3. Based on the conclusion of the medical institution, the court can decide also to change the type of the enforced medical measure. Article 102. Offsetting the period of application of enforced medical measures. In the case of treatment of a person whose mental disorder occurred after the committal of the crime, when assigning or restoring the serving of the punishment, the period of application of enforced medical measures in the psychiatry hospital is deducted from the term of punishment, calculating one day in the psychiatry hospital as equal to one day of imprisonment. Article 103. Enforced medical measures added to execution of punishment. 1. In cases envisaged in part 2 of Article 98 of this Code, enforced medical measures are applied at the place of imprisonment, and in relation to convicts sentenced to other types of punishment, in outpatient psychiatry institutions. 2. Termination of application of enforced medical measures together with execution of punishment is done by the court, by motion of the body executing the punishment, based on the conclusion of a commission of psychiatrists. |
