Art. 196 of the Code of Criminal Procedure with commentaries

In Art. зафиксированы случаи, в которых выполнение судебной экспертизы обязательно. 196 of the Code of Criminal Procedure recorded cases in which the performance of forensic expertise is mandatory. This procedure is understood as an investigative action aimed at studying the states of persons involved in the case and the reasons for which they are conditioned. Let's consider in detail art. 196 CCP RF with comments.

Norm content

According to Art. назначение и выполнение экспертизы считается обязательным, если требуется установить: 196 of the Code of Criminal Procedure, the appointment and execution of the examination is considered mandatory if it is required to establish:

1. The cause of death.
2. The extent and nature of damage to health
3. Psychophysical state of the accused / suspects. The need for this is due to the presence of doubt in sanity or the ability to independently ensure the protection of their rights and interests in the judicial process.
4. Psychophysical state of the victim. This need is due to the existence of doubts in the ability of a person to correctly understand the circumstances that are essential for production, and give truthful testimony.
5. The age of the victim, the accused / suspect, if this matters to the case, but there are no relevant documents.

Additionally

P. 3 of Art. имеет два подпункта. The Criminal Procedure Code of the Russian Federation has two subparagraphs. They specify the reasons for the examination of suspects / accused. So, according to paragraph 3.1, the procedure is appointed to determine the mental state of adults in cases of attacks on the sexual inviolability of underage citizens who have not reached 14 liters. The procedure is aimed at establishing the presence / absence of a suspected / susceptible addiction to pedophilia. P. 3.2 of Art. закрепляет обязательность выполнения экспертизы в отношении лиц, предположительно больных наркоманией. 196 of the Code of Criminal Procedure of the Russian Federation stipulates that the examination is mandatory for persons suspected of suffering from drug addiction.

Explanations

The materials of the case may contain documents that reflect the results of studies conducted earlier. If they were carried out outside the criminal procedure and, therefore, without warning of the specialist on liability under Article 307, the obligation to appoint an expert examination from the court or the preliminary investigation bodies is not removed. Acts, certificates and other documents that record the results of a departmental or other survey received at the request of the said structures are not considered expert opinions and are not grounds for refusing to conduct the procedure.

Thus, in the case file on damage to health, due to which the victim died, an act of a forensic medical expert on the severity, nature, mechanism of the formation of this harm should be present. This document can not replace the examination of the corpse of a deceased, executed in accordance with the provisions of the procedural code.

Grounds

In the analysis of Art. г., юристы выделяют следующие факты, при наличии которых обязательно назначается судебная экспертиза: 196 of the Code of Criminal Procedure of the Russian Federation with the comments of 2015 , lawyers identify the following facts, in the presence of which a forensic examination is necessarily appointed:

1. Doubts about the sanity of suspects / defendants or the ability to independently protect their interests and rights at the time of production.
2. Witnessing the death of a person or causing damage to his health.
3. Accusation / suspicion of committing a person over 18 years of age, infringement of the sexual inviolability of a minor up to 14 years.
4. Evidence of the use of narcotic substances by a suspect / accused.
5. Those who call into question the ability of the victim to correctly perceive the circumstances essential to production, give truthful testimony about them.
6. Absences in the materials of documents on which it is possible to establish reliably the age of the victim, the accused / suspect.

Nuances

Acts of medical examination of the victim, interrogation of the expert at the meeting without the appointment of forensic medical examination are not equivalent to the conclusion of a specialist. The examination procedure for establishing the mental state of persons in cases where there is a doubt in their sanity / ability to provide independent protection of their interests and rights should be appointed even when the materials contain a copy of an act of a similar investigative action performed in a different way, but with respect to this Subject.

Prerequisites

Considering Art. г., можно сформулировать следующие случаи, когда могут возникать сомнения в отношении вменяемости подозреваемого/обвиняемого: 196 of the Code of Criminal Procedure of the Russian Federation with the comments of 2016 , it is possible to formulate the following cases, when there may be doubts as to the sanity of the suspect / accused:

1. He is registered as suffering from a mental disorder.
2. There is evidence that the citizen was previously given psychiatric help. In particular, when a person was diagnosed with a disorder, he received treatment on an outpatient basis, was placed in a specialized medical institution of a stationary type, was declared insane for a different case, unfit for service according to relevant indications, etc.
3. There is information that previously he was studying in institutions for people with a delay or delay in mental development.
4. There is information about the receipt of a TBM in the past.
5. The presence of oddities in statements and actions that indicate the likelihood of a mental disorder.
6. There are statements of witnesses.
7. A citizen committed an especially grave act, for example, a particularly brutal murder, for which exceptional punishment (execution) is provided.

, безусловно, если в материалах содержится постановление об увеличении срока предварительного расследования с указанием на необходимость выполнения судебно-психиатрического исследования. The existence of doubts in sanity, as well as the ability to protect oneself and, accordingly, the grounds for application with Article 196 of the Code of Criminal Procedure of the Russian Federation , of course, if the materials contain a resolution to increase the period of the preliminary investigation indicating the need to perform forensic psychiatric research.

Questions for specialists

When applying Art. перед экспертами ставятся задачи, решение которых позволяет: 196 of the Code of Criminal Procedure of the Russian Federation , experts are assigned tasks, the solution of which allows:

1. Identify the extent and nature of the disorder at the time of the offense, during a preliminary investigation or trial in court.
2. To establish whether a citizen during these periods could understand the actual nature and danger of his behavioral acts, direct his actions.

Specialists also address issues related to the detection of communication of the subject's disease with a threat to others and himself, the possibility of causing them significant damage. Experts also need to establish whether a citizen needs to apply medical coercive measures against him and which ones. If there is information indicating a lag in the mental development of a person under the age of majority, a comprehensive examination is appointed. Thus experts should answer a question on influence of a condition of the person on its intellectual abilities taking into account age.

Specificity of the procedure

In practice, the examination aimed at establishing a mental state is conducted against all persons accused / suspected of serious acts against the person. On the appointment of the procedure, an appropriate order is issued (resolution). Usually at the first stage an outpatient study is performed. In case of impossibility to give a conclusion on its termination and at disagreement of the investigator, the court, the inquirer with the expert's conclusions, a stationary examination is appointed. If the information received at its carrying out, will be insufficient, additional examination is appointed. It can be entrusted to the same or another specialist.