Prosecutors will verify whether the person responsible for the fatal accident is indeed mentally ill

November 19, 2012, near Khust, the traffic accident occurred, resulting in the deaths of a 32-year-old woman and her 7-year-old daughter and two more children getting injured. It was established that at the 68th km of the road Mukachevo – Rohatyn – Lviv, the driver of "Mitsubishi Pajero" Pavlo Nahirny drove into the oncoming lane and collided with the oncoming car "Daewoo Nexia" driven by the 32-year-old Halyna.  As a result of the collision, the woman and her baby daughter died and car passengers – two children – were hospitalized with severe injuries. 

Nahirny was notified to be suspected of a crime provided for by Part 3 of Art. 286 of the Criminal Code of Ukraine (violation of traffic safety rules or rules of operation of a vehicle by a driver – punishable with imprisonment for a term of seven to twelve years). Khust district court, at the request of the prosecution, chose the preventive measure for Pavlo Nahirny – detention.

However, during the investigation of the case it became necessary to verify the information of Beregovo regional psychiatric hospital that Nahirny needs to be treated in a psychiatric hospital. 

According to expert opinion, on January 9, 2013, at the time of the tragic event, Pavlo Nahirny did not suffer any mental illness, but currently he suffers a temporary disorder of mental activity and for the duration of the disease needs to be subjected to compulsory medical treatment in the form of admission to a psychiatric institution. Therefore, 18 January 2013, Nahirny was admitted to a psychiatric institution in conditions that exclude socially dangerous behavior as provided by Art. 508 of the Criminal Procedural Code of Ukraine.   

Even if the information about the insanity of Pavlo Nahirny is confirmed, currently under the provisions of Chapter 39 of the Criminal Procedural Code of Ukraine, he will be subjected to compulsory medical treatment in the form of temporary admission to a psychiatric institution with increased supervision. 

However, the prosecutor stressed that being treated in the hospital does not exempt a person from criminal responsibility, so after recovering, Nahirny will be prosecuted under the Criminal Code of Ukraine.