Art. 196 CCP RF with comments

AT Art. 196 of the Code of Criminal Procedure cases in which fulfillment of theforensic examination 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. Consider in detail Art. 196 CCP RF with comments.

Norm content

According to Art. 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. Психофизическое состояние accused / suspects. The need for this is due to the existence 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. 196 of the Code of Criminal Procedure has two sub-paragraphs.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 under-age 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. 196 of the Code of Criminal Procedure establishes the obligation to carry out an examination of persons suspected of suffering from drug addiction.

Explanations

The materials of the case may include documents,in which the results of studies carried out earlier are reflected. 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307, the obligation to appoint an expert examination from the court or bodies of preliminary investigation is not withdrawn. 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 to be expert opinions and are not grounds for refusing to perform the procedure.

Thus, in the materials of the damage casehealth, due to which the victim died, an act of a forensic expert must be present on the severity, nature, mechanism of the formation of this harm. 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 Art. 196 CPC RF with comments 2015 g., 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 ensure the protection of 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 doubt the ability of the victim to correctly perceive the circumstances that are essential for 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, interrogationexpert at the meeting without the appointment of forensic experts 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. 196 of the Code of Criminal Procedure with commentaries 2016 g., 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 a citizen earlierpsychiatric help was provided. 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 he previously studied 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.

The existence of doubts in sanity, as well as the ability to defend oneself independently and, accordingly, the grounds for application with196 of the Code of Criminal Procedure of the Russian Federation, of course, if the materials contain a decision to increase the duration of the preliminary investigation, indicating the need to perform a forensic psychiatric study.

Questions for specialists

When applying Art. 196 of the Code of Criminal Procedure experts are asked to solve problems that solve:

1. Identify the extent and nature of the disorder at the time of the attack, 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 todetection 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 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 expertise aimed atthe establishment of 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 during its holding is not enough, an additional examination is appointed. It can be entrusted to the same or another specialist.