Options
სამედიცინო ხასიათის იძულებითი ღონისძიებების გამოყენების პრობლემები სისხლის სამართლის პროცესში
Date Issued
2021
Author(s)
Institution
Faculty
Abstract
The master's thesis discusses the problems of applying compulsory medical measures in criminal proceedings, emphasizes the limitations of medical measures applied to the perpetrators, their process and duration, as well as attempts to better present their shortcomings, therefore, in the practice of Georgian legislation, this was discussed, which was considered differently in science about psychiatry. We also tried to present its practical aspects, which are necessary for the functional improvement of the modern judge's prosecution, since the conduct of proper research using psychiatry depends on the orderly and structured conduct of the investigation. Failure conduct a psychiatric assessment correctly can have negative consequences for either party. A party is a victim witness, an investigator, etc., endowed with various functions that may interfere with the administration of justice.
According to the above mentioned, we have tried to develop and study a certain topic in terms of the necessity of the application of medical measures and its problem, which is based on the modern requirements of the investigation and the case law.
In connection with the relevance of the topic in the document, we wanted to highlight the problems caused by its urgency, both in terms of investigation and judicial practice, in terms of sentencing and execution, as well as the issue of prosecution of those responsible to determine the perpetrators. Very interesting is the question of sanity of the person who committed the crime during the commitment of the crime. As well as issues of further illness of the person who committed the crime after the commission of the crime.
One of the problematic issues is the application and practical aspects of the above issue in criminal proceedings, which are separately discussed by scientists studying psychiatry. Based on current needs, as well as on practical experience, we studied the psychiatric problems of people during the commitment of a crime - perception, memorization of facts and circumstances, to the extent that they could be guided by themselves and understand the content of criminal actions, which led us to the conclusion that the use of the above medical measures must be necessary on the basis of the principles of a just state.
According to the above mentioned, we have tried to develop and study a certain topic in terms of the necessity of the application of medical measures and its problem, which is based on the modern requirements of the investigation and the case law.
In connection with the relevance of the topic in the document, we wanted to highlight the problems caused by its urgency, both in terms of investigation and judicial practice, in terms of sentencing and execution, as well as the issue of prosecution of those responsible to determine the perpetrators. Very interesting is the question of sanity of the person who committed the crime during the commitment of the crime. As well as issues of further illness of the person who committed the crime after the commission of the crime.
One of the problematic issues is the application and practical aspects of the above issue in criminal proceedings, which are separately discussed by scientists studying psychiatry. Based on current needs, as well as on practical experience, we studied the psychiatric problems of people during the commitment of a crime - perception, memorization of facts and circumstances, to the extent that they could be guided by themselves and understand the content of criminal actions, which led us to the conclusion that the use of the above medical measures must be necessary on the basis of the principles of a just state.
File(s)
Loading...
Name
Giorgi Kavelashvili Samagistro.pdf
Description
სამედიცინო ხასიათის იძულებითი ღონისძიებების გამოყენების პრობლემები სისხლის სამართლის პროცესში
Size
877.35 KB
Format
Adobe PDF
Checksum
(MD5):8fd1923306e2af747806df44ab68facf