Construction of an algorithm for pre-investigation check of illegal hospitalization into a medical organizations providing residential psychiatric treatment

Abstract

The crimes committed by medical workers, belong to the category of crimes that are most difficult to disclose and investigate. The crimes of this category usually cause great public interest, which requires a high level of training of law enforcement officials. If a crime is discovered, the preliminary investigation authorities may face a high degree of confrontation on the part of related persons. Illegal admission of a person into a residential psychiatric facility is no exception. The importance of an effective investigation of this category of crimes is connected with the vulnerability of the human mind and the adherence to the citizens' constitutional rights. Because of the gaps in forensic activities on disclosure and investigation of crimes in question, problems arise both at the stage of criminal case initiation and at the initial stage of the investigation. It is algorithmization of authorized persons' activities in criminal proceedings which will make a preliminary investigation more effective, and thus will contribute to the implementation of the principles imposed on pre-trial investigation authorities through criminal procedure legislation. It will contribute inevitably to ensuring an adequate level of adherence to constitutional rights of those who defend people from illegal restriction of freedom, their right to health care, as well as the right of refusal to gain such.