Prosecutor demands a compulsory treatment of Nahirny

Press Service of Prosecutor's office in Transcarpathian region  27 February 2013 16:55  4530762 031376
Prosecutor demands a compulsory treatment of Nahirny

Having regard to the opinion of experts on the mental illness of the suspect Pavlo Nahirny that precludes the application of punishment, Khust Interdistrict Prosecutor's Office, February 22, sent to the court a request for application of compulsory medical measures against him in the form of temporary admission to a psychiatric institution with increased supervision pursuant to the provisions of Chapter 39 of the Criminal Procedural Code of Ukraine.

It is important that the stay in the hospital does not exempt a person from criminal responsibility.

Therefore, in case of Pavlo Nahirny's recovery, when there is no necessity for application of compulsory medical measures, the court will take a decision on termination of the criminal proceedings on the application of compulsory medical measures, which further, under Art. 515 of the Criminal Procedure Code of Ukraine, will be the grounds for the preliminary investigation or proceedings under general terms. It should be noted that the statute of limitations for criminal liability in this case is 10 years.

 Thus, after the conclusion of doctors to terminate the application of compulsory medical measures, general criminal proceedings against Nahirny will be implemented, and subsequently an indictment act will be sent to the court to bring him to justice for the crime under the Criminal Code of Ukraine.

January 28, 2013, the investigator filed with the judge of Khust District Court a petition for permission to send the suspect Pavlo Nahirny to Kyiv city center for forensic psychiatric evaluation for re-examination.

However, this request was rejected by the court due to the absence of the grounds for such examination set by the Criminal Procedure Code of Ukraine.   

The court judgement was challenged by the prosecutor and the victims. However, the Appellate Court of Transcarpathian region by its decision rejected the appeal.

Thus, after his recovery, Pavlo Nahirny will be forced to stand before trial.

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