提高实施强制医疗措施者的诉讼地位

Bahodir Sayfullayev
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引用次数: 0

摘要

本文探讨了在对精神病患者或临时精神病患者的社会危险行为进行调查和初步审讯期间,或在社会危险行为发生后,与暂时性精神障碍患者的程序地位有关的法律和现实问题。尽管我国进行了旨在确保个人的权利和自由及其在社会中的应有地位的改革,但在刑事诉讼法中对个人适用强制措施的依据是他们的程序地位没有得到明确界定。即使在《乌兹别克斯坦共和国刑事诉讼法》和法律文献中,受到强制医疗措施的人的地位也因各种规范而支离破碎和有所区别。因此,强制性医疗措施应载入我国的法律,明确表明对其实施强制性医疗措施的人的地位,并明确界定其权利和义务。为了在法律上和明确地消除这一问题,重要的是按照乌兹别克斯坦共和国法律的规定,确保精神病患者在调查过程中的法律地位,而且不应与国际要求相抵触。提交人认为,为这一问题寻找法律解决办法的主要方向是,法律应明确界定被强制医疗措施者的程序地位、权利和义务。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
IMPROVING THE PROCEDURAL STATUS OF PERSON WHOM APPLIED COERCIVE MEDICAL MEASURES
This article examines the legal and practical problems related to the procedural status of persons with temporary mental disorders during the investigation and preliminary interrogation of socially dangerous acts committed by mentally ill or temporarily mentally ill persons or after the commitment of socially dangerous acts. Despite the reforms in our country aimed at ensuring the rights and freedoms of individuals, and their worthy place in society, the application of coercive measures against a person in criminal procedural law is based on the fact that their procedural status is not clearly defined. Even in the Criminal Procedural Code of the Republic of Uzbekistan and in the legal literature, the status of a person subject to coercive medical measures is fragmented and differentiated by various norms. For this reason, coercive medical measures should be enshrined in the laws of our country, clearly indicating the status of the person to whom the coercive medical measures are applied, and clearly defining his rights and obligations. In order to eliminate this problem legally and clearly, it is important to ensure the legal status of a mentally ill person in the investigation process, as provided by the laws of the Republic of Uzbekistan and it should not contradict international requirements. The author argues that the main direction in finding a legal solution to this problem is that the law should clearly define the procedural status, rights, and obligations of a person to whom coercive medical measures are applied.
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