Illegal placement in a psychiatric hospital

Illegal placement in a psychiatric hospital (including a clinic or department at a medical institution) is the placement of a person there in violation of the norms established by the Federal Law of the Russian Federation “On Psychiatric Care and Guarantees of Rights in Its Provision.”

There is also an article in the Criminal Code for such an act, which we will consider today. We will also tell you what to do if you or someone close to you finds yourself in such a situation.

Corpus delicti

Here we have, as they say, a direct attack on human freedom.

Both his life and his health are also at risk.

The criminal act itself is considered completed after the victim is immediately admitted to a psychiatric hospital. So, as we see, the crime here is formal.

Also, from the commentary to Article 128, we can understand that a mentally healthy person can be declared mentally ill for numerous reasons and motives .

Some people try to solve their financial or family problems in this way, while others get rid of their competitors this way. And even medical specialists themselves periodically successfully improve their financial condition in this way.

But, in general, to classify this crime, the motive is absolutely not important. It is already considered when choosing a punishment for attackers.

The objective side of the criminal act we are considering is the illegal placement in a psychiatric hospital itself, as well as the illegal extension of this treatment in such an institution. The object in this case is human freedom, as well as his life and health.

The subjective side of this act will be false grounds, i.e. accusations and testimony of “witnesses” or relatives, because of which the victim was assigned to such a medical institution. It is also necessary to have direct criminal intent and the medical workers themselves, who confirmed that the “patient” needed treatment.

The special subjects of the crime we are considering will be:

relatives of the victim who have a motive (gaining access to the victim’s property or want to take revenge, etc.);
colleagues of the victim who may do this for the sake of financial enrichment or to eliminate a competitor, well, etc.;
health workers, who may also have many motives for this, including receiving monetary rewards.

We also recommend that you read the following materials:
How to get exemption from punishment due to illness
What to do if you transferred money to scammers
How to properly file a complaint

Qualifying features

These signs will be:

Promoting the placement of a “sick” person in any psychiatric organization or department without legal grounds.
Placing a person in such institutions is not for the purpose of improving his well-being or preventing the development of an illness that has already started, but solely for the sake of self-interest, one’s own personal goals.
The consequences of such placement in a hospital, which can manifest themselves in: causing harm to the victim’s health or even causing his death.
Assisting an attacker who seeks to evade the criminal punishment that is pursuing him by imitating his mental illness.
Unfounded placement in any institution with a psychiatric bias and, in some cases, carrying out illegal therapy, which in turn can cause severe reversible/irreversible consequences for the human body.
There is an excellent opportunity for medical workers to use their position to:
prescribe various therapies to an illegally detained person, leading to a depressed, depressed state, or even complete incapacity.

Second commentary to Art. 128 of the Criminal Code of the Russian Federation

1. The main direct object of the crime is social relations that ensure a person’s right to freedom of movement and choice of place of stay (residence). An additional object is public relations regarding the exercise by a person of the right to dignity, honor and reputation.

2. The objective side consists of involuntary, forced hospitalization of a person in a medical organization providing psychiatric care in an inpatient setting, in the absence of legal grounds for this.

The crime is recognized as completed from the moment of actual groundless placement of a person in a medical organization providing psychiatric care in an inpatient setting, or from the moment of illegal refusal to discharge from it.

3. The subjective side is characterized by direct intent.

4. The subject of the crime is special: a person authorized in accordance with the law to make a decision on involuntary, compulsory hospitalization in a medical organization providing psychiatric care in an inpatient setting.

5. The content of the qualifying characteristics coincides with the corresponding characteristics of human trafficking.

Responsibility measures taken against violators

According to Article 128 of the current Criminal Code of Russia, penalties will depend on the circumstances. Let's consider all possible cases.

Criminal liability for illegal placement of a healthy person in a psychiatric hospital provides:
If a fact has been established the offender abuses his position or causes irreparable damage to the health of the victim or even worse - death someone who was forcibly detained in such a clinic, then the penalties will be different:
prohibition for convicted persons to engage in certain types of activities – up to three years;
These penalties may be imposed at the same time, or only one may be chosen. Everything will depend on the circumstances of the case and the judge’s ruling.
If the person who took part in this criminal act has not reached the age of majority, then he can either be fined or sentenced to perform compulsory labor. Penalties can be imposed on minors, both having their own income, some kind of earnings or property, and without it.

Concept

Unlawful placement in a psychiatric hospital means the detention or forced treatment of a person whose mental health condition does not require such influence.

Also, those people who have minor mental disabilities cannot be forcibly detained.

Such an action to restrict human freedom and individual rights is punishable by Article No. 128 of the Criminal Code of the Russian Federation.

Options for entering a psychiatric hospital

There are several options for placing a person involuntarily in such institutions. So, this can happen under the following circumstances:

The man sought psychiatric help on his own, but after a certain period of time he decided to refuse it. But they do not release him from the psychiatric institution, but begin to keep him there forcibly.
The man was forcibly taken to a psychiatric hospital. They keep him there and even carry out some kind of medical therapy, without having signed his consent to this treatment and, in general, to the hospitalization itself.
The man was forcibly taken to a psychiatric hospital, but, succumbing to the “persuasions” of psychiatrists, he nevertheless signed consent to this hospitalization and accompanying treatment, although he absolutely did not agree with this state of affairs.
The man was forcibly taken to a medical psychiatric institution. A court hearing was even held in this case at which the judge made a ruling to satisfy the application of representatives of a medical institution about the involuntary hospitalization of this citizen in a hospital. But at the same time, he himself absolutely disagrees with this decision.

Each of the above situations of illegal hospitalization in any psychiatric hospital can also have many both factual and legal nuances. Below we will look at a model of behavior in the most common situation, which will help in most other similar situations.

How to prove illegality?

Since only a specialist can qualify a mental illness, its absence can be proven only after undergoing an independent psychiatric examination.

But this is if there has already been a fact of forced placement in a hospital. To prevent such actions from criminals, you need to monitor your own behavior.

Signs of aggression make a person “crazy” in the eyes of others. And if these people around you are later brought in as witnesses, they will not always be on the side of the victim.

It is important to keep track of new acquaintances. Especially by people who try to gain trust very quickly. And finally, simple vigilance will protect against fraud. Because there are even cases when, under the guise of collecting signatures for something, a person is given a statement of consent to hospitalization in a psychiatric clinic. Without even realizing it, he becomes her patient.

What to do if you were illegally placed in a “psychiatric hospital”

So, if you find yourself in the place of the victim, and you are admitted to a psychiatric clinic without your consent, then remember the following:

Don’t argue with doctors, don’t try to prove something to them, but don’t be silent, don’t withdraw into yourself. Give them your passport details, such as your full name, date and place of birth. Tell doctors about your education and work history. Keep up the dialogue, but don’t pour out your soul. Just as you shouldn’t be deliberately mannered or even make a face.
Let the psychiatrist understand that:
You are well oriented in the environment and place around you. In other words, tell them that you were taken to a psychiatric institution, but fraudulently and involuntarily.
Tell the doctor that you do not and never have had any complaints about your mental health. For example, you have no hallucinations, no extraneous voices in your head, are not depressed or apathetic, etc.
Under no circumstances sign any documents that may be handed to you. Do not put your signature anywhere so that medical workers do not have a sample of it.
If you don't know who got you into this position, try to find out. If there are judicial “grounds” for this, then you can find out who acted as witnesses in your case, whose testimony was taken into account when making such a decision. This will help you understand the motives of the people who handed you over there. Which, in turn, will help build the right line of defense in court.
At the first possible opportunity, try to contact people you can trust, and it would be best to contact a lawyer or lawyer. He will help you draw up an application for the head physician of a medical institution, an appeal against a court ruling, or an application for the restoration of the procedural period if it has already expired. Also, a lawyer or lawyer will be able to prepare with you a power of attorney for a citizen (this may be the lawyer himself), who will be your representative.
In addition, it is advisable that all your meetings and conversations with your lawyer or people close to you be recorded on a voice recorder. They are also required to keep records of all conversations with all medical personnel. They will be very useful as evidence in court.

You may be interested in how and where to complain about doctors.
And also where you can film a beating during a beating.

How to prove illegality

You can try to prove the illegality and inappropriateness of determination, treatment and stay in psychiatric medical institutions by conducting a psychiatric examination . But she must be independent.

Conducting such an examination is possible at the request of the victim’s lawyer or himself, in a pre-trial manner or already within the framework of the forensic examination itself.

The latter can be appointed either by the judge himself, or by an investigator of the Investigative Committee or the Ministry of Internal Affairs of the Russian Federation.

What to do in case of illegal placement in a psychiatric hospital?

Once within the walls of a hospital, a person is limited in many rights. In addition, the medications that health workers force him to take are dangerous for him. Since the very purpose of placing him in a hospital is not related to the disease, such drugs can be used to control a person and impair his legal capacity.

Therefore, you need to try:

Failure to show knowledge of the real reason for hospitalization and not to show aggression so as not to be limited in movement even within the hospital department;
Try to call friends, family and law enforcement agencies, as well as the media, if possible;
Do not take medications or try to take them as little as possible;
When examined by a freelance specialist, show him your own adequacy and capacity. If possible, ask him to call his relatives and the police.