4.4.2. Qualification of insanity
On the need to assess the socially dangerous consequences of the offense in the qualification of insanity testify the relevant procedural requirements of the Code of Administrative Offenses. Since the conduct of medical expertise is always associated with significant time costs, the implementation of expert actions is possible in cases of initiation of an administrative investigation, i.e. in the commission of the most dangerous encroachments, established Part 1 of Art. 28.7 of the Administrative Code.
The qualification of insanity in committing an administrative offense and a crime is associated with confirmation by the court of signs of a mental pathology established during a specialized examination. Thus, the qualification of insanity is always due to the procedural actions of the relevant law enforcement agency.
Insanity as an institution of administrative, criminal, customs and other public legislation differs from the establishment of signs of incapacity (defective capacity) in the civil process.
The presence of signs of mental pathology, due to which an individual can not realize the values of his actions or manage them, refers to the general (medical) criteria for establishing insanity and incapacity, however, unlike public law, the incapacity in private law qualification is possible both in cases of lawful the activity of a citizen, and when he commits a tort.
The necessary prerequisite for the qualification of insanity in public law can only be the establishment of the fact of an offense against which an official is assigned appropriate procedural actions, for example, psychological or psychiatric examination. Thus, the recognition of a citizen incompetent (limitedly capable) and the recognition of the infringer of the insane is preceded by the establishment of various legal facts: the identification of signs of mental illness in cases provided for by civil law, or the qualification of an offense committed by a person diagnosed with psychopathological symptoms.
4.4.3. Legal rights due to the qualification of insanity
The establishment of a state of insanity by a court and the recognition of a citizen as incompetent (of limited legal capacity) refer to various procedural actions and entail the following legal consequences:
o restriction of civil rights (with limited legal capacity) or the establishment of a ban on the implementation of transactions by a person (in cases where a citizen is legally incompetent);
o restriction of the public rights of the person who committed the crime when the court appoints compulsory medical measures;
o temporary restriction of the public status of a person who committed an administrative violation in a state of insanity, pending the qualification of a pathological condition.
Thus, the detection of mental pathology is an initial procedural action, the consequence of which is the restriction of the rights of a person in cases established by the Civil and Criminal Codes; However, the qualification of insanity in committing an administrative offense entails the termination of the measures of coercive coercion taken to the suspect.
Restriction of a person's civil rights may be due not only to mental pathology, but also to his antisocial behavior (for example, alcohol abuse), entailing the recognition of such a person with limited capacity, regardless of the presence of signs of mental illness. In addition to confirming the medical criteria of insanity, for its qualification in public legislation it is necessary to establish the relationship of socially dangerous consequences of antisocial behavior with the offense.
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