行使保护有物质使用障碍、成瘾行为者的权利

R. Lytvynenko
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引用次数: 0

摘要

本文探讨了因使用精神活性物质和成瘾行为而导致精神障碍的人独立行使保护权的可能性问题,以及强制适用乌克兰共产党第52条第2部分第3款的必要性,根据该条,“在对由于精神或身体残疾(哑巴、聋子、盲人等)的人提起的刑事诉讼中,必须确保辩护人的强制性参与,不能充分行使其权利- -从其成立之日起”,在涉及这些人的案件中,因此,确立表明不能充分行使其权利的缺陷。该条的目的是调查行使权利保护因使用精神活性物质和成瘾行为而造成精神障碍的人的问题。作者分析了最高法院的法律地位和这一领域的科学发展,并对他们的结论进行了比较。此外,对被诊断为“酒精消费导致的精神和行为障碍,成瘾综合征”的患者的研究结果也被提出来支持这些论点。该分析使用了在敖德萨地区临床精神病院第1号麻醉科病房接受检查和治疗的患者的研究结果,部分反映了药物滥用,成瘾行为导致的精神和行为障碍。结论是根据关于在被告是因使用精神活性物质、成瘾行为而导致精神障碍的人的案件中适用乌克兰《刑事诉讼法》第52条第2部分第3款义务的所述数据作出的。使用精神活性物质引起的精神障碍患者的心理缺陷,仅凭成瘾行为并不能确认被告(被定罪)无法充分行使其权利,因此,乌克兰CCP第52条第2部分第3款的强制适用,因为对使用精神活性物质引起的精神障碍患者的感知,成瘾行为在一定程度上反映了现实,足以为完整的智力活动创造先决条件。证明了适用本法第2部分第3条的问题。52 .必须根据案件的复杂情况来处理乌克兰的CPC问题,而不仅仅是有证据表明有特殊帐户的人逗留和住院治疗,诊断为“由于麻醉药品、精神药物、其类似物或前体造成的精神和行为紊乱”。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Exercising the right to protection of persons with substance use disorders, addictive behavior
The article explores the problem of the independent possibility exercise of the right to protection of persons with disorders caused by the use of psychoactive substances, addictive behavior and the need for mandatory application of paragraph 3 of Part 2 of Art. 52 of the CCP of Ukraine, according to which "mandatory participation of a defender is ensured in criminal proceedings against persons who, due to mental or physical disabilities (dumb, deaf, blind, etc.), are unable to fully exercise their rights - from the moment of their establishment", in cases involving such persons and, accordingly, the establishment of defects which indicate an inability to fully exercise their right. The purpose of the article is to investigate the issue of exercising the right to protect persons with disorders caused by the use of psychoactive substances, addictive behavior. The author analyzed the legal position of the Supreme Court and scientific developments in this area and made a comparison of their conclusions. In addition, the results of the study of patients diagnosed with "mental and behavioral disorders due to alcohol consumption, addiction syndrome" are presented to support the arguments. The analysis uses the results of the study of patients who were examined and treated at the narcological ward of the Odessa Regional Clinical Psychiatric Hospital №1, partially reflecting psychiatric and behavioral disorders that result from substance abuse, addictive behavior. The conclusion is made on the basis of the stated data on the obligation to apply paragraph 3 of Part 2 of Art. 52 of the CCP of Ukraine in cases where the defendant is a person with disorders caused by the use of psychoactive substances, addictive behavior. Psychological defects of a person with disorders caused by the use of psychoactive substances, addictive behavior alone are not confirmation of the inability of the accused (convicted) to fully exercise their rights, and, accordingly, the mandatory application of paragraph 3 of Part 2 of Art. 52 of the CCP of Ukraine, because the perception of a person with disorders caused by the use of psychoactive substances, addictive behavior reflects the reality to the extent that is sufficient to create the preconditions for complete intellectual activity. The of substantiated that the issue of the application of Clause 3 Part 2 of art. 52 The CPC of Ukraine must be addressed based on a complex of circumstances of the case, not only in the presence of evidence of the stay of persons on special accounts and on inpatient treatment with the diagnosis of "disorder of mentality and behavior as a result of narcotic drugs, Psychotropic substances, their analogues or precursors".
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