Compulsory treatment may be applied to those convicted of minor crimes
ST. PETERSBURG, May 21 (RAPSI) - Russia's Constitutional Court has ruled that mentally unstable individuals convicted of minor offenses can be sent for compulsory treatment if they are ruled to pose danger to themselves or to others, the press office of the Constitutional Court reported Thursday.
Under the Criminal Procedure Code, an individual who has committed a crime and been found mentally unstable is absolved of criminal liability and can be sent for compulsory treatment. However, the disputed clause allowed for this requirement to be invalidated if the crime under consideration is a minor offense.
The Constitutional Court ruled that courts should be guided by the danger posed by the convicted person rather than by the severity of the crime. "The disputed clause is in conflict with this decision because it allows a mentally unstable individual who has committed a minor offense to be released without evaluating the danger that individual may pose... Therefore, this clause does not comply with the Constitution," the statement reads.
Under Article 15 of the Criminal Procedure Code, minor offenses are defined as premeditated careless deeds punishable by no more than three years in prison.