ST. PETERSBURG, May 21 (RAPSI) – Mentally unstable individuals convicted of minor offenses can be sent for compulsory treatment, if they are judged to pose a danger to themselves or to others, Russia's Constitutional Court has ruled.
Under the Criminal Code, an individual who has committed a crime and been ruled mentally incapacitated is absolved of criminal liability and can be sent for compulsory treatment. However, in cases regarding minor offenses, this requirement was abrogated, according to the disputed clause in the code.
The Constitutional Court has 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 incompetent 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 court said in a statement.
Under Article 15 of the Criminal Code, minor offenses are defined as premeditated careless actions punishable by no more than three years in prison.
