The procedural decisions of the investigator and the interrogator in relation to a person recognized as legally incompetent are considered. It is noted that the criminal procedure legislation of Russia and some CIS countries allows for the adoption of procedural decisions on the recognition of an incapable person, including a minor as a suspect and accused. At the same time, in the criminal proceedings of Russia and some CIS countries, incapacity is not formally equated with insanity and, accordingly, is not a circumstance that excludes the crime of the act. At the same time, the term "incapacity" is not used in the criminal procedure legislation of Russia and certain CIS countries, but there are other CIS countries where the legislator actively uses this concept. It is noted that in case of incapacity, a person always has a chronic persistent mental disorder, in contrast to insanity, which means that under any circumstances he cannot understand the meaning of his actions or lead them, including when committing a socially dangerous act. Procedural decisions on the termination of a criminal case or criminal prosecution in proceedings on the use of compulsory medical measures are analyzed. It is noted that in the Code of Criminal Procedure of the Russian Federation, unlike some CIS countries, the grounds and legal consequences of the termination of a criminal case or criminal prosecution against an insane person are not clearly defined. Attention is drawn to the expediency of borrowing the experience of some CIS countries on supplementing the criminal procedure law of Russia with provisions on the adoption of procedural decisions in relation to the incapacitated and insane.
incompetent, insane, accused, guardian, procedural decision, termination of criminal case, compulsory medical measures, criminal procedure legislation of the CIS countries
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