Georgian Med News
November 2023
The purpose of the article is, based on a comparative legal study of the general and distinctive features of the norms of criminal and criminal procedural legislation of Ukraine, Georgia, Poland, the Czech Republic, Slovakia and Hungary, regarding the possible participation of a psychotherapist in conducting procedural actions aimed at collecting evidence for the crime committed, determine the feasibility and admissibility of the participation of a hypnologist to conduct hypnosis sessions with participants in criminal proceedings. The task is based on an analysis of the norms of criminal and criminal procedural legislation of a number of European countries, as well as taking into account the specifics of hypnotherapy as a branch of psychotherapy, the limitations of legal norms regarding psychotherapists (hypnologists) in the exercise of their professional duties and in attracting them for judicial - investigative actions to collect evidence, the unsettled nature of these legal positions - to outline ways to improve the norms of medical and legal legislation of European countries in this area. It has been established that the problem of realizing the right of the subject to full legal and medical protection during a forensic medical examination, as well as the implementation of the rights and obligations of an expert psychotherapist during the latter, is the lack of clear implementation in the criminal procedural norms of the states of the participation of a hypnologist during a forensic examination, investigative actions that are aimed at collecting evidence for a crime.
View Article and Find Full Text PDFThe purpose of the article is, on the basis of a comparative legal study of common and distinctive features of the norms of the criminal law of Ukraine, Georgia, Poland, and the Czech Republic on the examination, to determine the feasibility and necessity of the obligatory participation of a dentist in a forensic medical examination, namely: dental expertise. Based on the analysis of the norms of the Criminal Procedure Code and the Criminal Code of Ukraine, Georgia, Poland, and the Czech Republic the task is to outline ways to improve the norms of the criminal law and medical legislation of Ukraine and Georgia in this area. It has been established that the constitutional provision of the right to human health in Ukraine and Georgia is contained not only in the codes and medical legislation of both states, but also in a number of international legal acts that have been ratified by the parliaments mentioned above.
View Article and Find Full Text PDFGeorgian Med News
October 2021
The purpose of the article is to determine the feasibility and necessity of the mandatory participation of a psychiatrist in the conduct of a forensic psychiatric examination under the legislation of Ukraine and Georgia. The task is to outline the ways of improving the norms of the criminal law of both countries in the legal and medical spheres based on the analysis of the norms of the Criminal Procedure Code of Ukraine and the Criminal Procedure Code of Georgia. It has been established that the constitutional provision of the right to human health (in particular the researched one) in Ukraine and Georgia is contained not only in the codes and medical legislation of both states, but also in a number of international legal acts that have been ratified by their parliaments.
View Article and Find Full Text PDFThe purpose of the article is, on the basis of a comparative legal study of the general and distinctive features of the norms of the criminal procedure legislation of Ukraine and Georgia regarding the possible participation of a doctor during the interrogation of a minor, to determine the expediency and necessity of the mandatory participation of a doctor during the interrogation of a child. Objective - on the basis of the analysis of the norms of the Criminal Procedure Code of Ukraine and the Criminal Procedure Code of Georgia, as well as taking into account the vulnerability and originality of the development of the psyche of a minor, the specifics of the implementation of pediatric methods in overcoming barriers to communication with a child, outline ways to improve the norms of criminal law in both countries in this domain. It has been established that the constitutional provision of the right to human health (in particular of a child) in Ukraine and Georgia is contained not only in the codes and medical legislation of both states, but also in a number of international legal acts that have been ratified by their parliaments.
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