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NCJ Number: 51476 Find in a Library
Title: LEGAL ASPECTS OF PSYCHIATRY IN SOVIET LEGISLATION
Journal: QUADERNI DI CRIMINOLOGIA CLINICA  Volume:19  Issue:4  Dated:(OCTOBER-DECEMBER 1977)  Pages:417-443
Author(s): E A BABAYAN
Corporate Author: Ministero di Grazia E Giustizia
Italy
Date Published: 1977
Page Count: 27
Sponsoring Agency: Ministero di Grazia E Giustizia
Rome, Italy
Format: Article
Language: Italian
Country: Italy
Annotation: WHILE DULY PROTECTING SOCIETY AGAINST SOCIALLY DANGEROUS ACTS COMMITTED BY THE CRIMINALLY INSANE, RELEVANT SOVIET LEGISLATION IS CONCERNED ABOVE ALL WITH SAFEGUARDING THE HUMAN AND CIVIL RIGHTS OF MENTALLY ILL CITIZENS.
Abstract: COMPREHENSIVE AND DETAILED LEGISLATION REGULATES EVERY ASPECT OF MENTAL HEALTH CARE AND THE INSTITUTIONAL PSYCHIATRIC TREATMENT OF MENTALLY ILL PERSONS IN THE SOVIET UNION, RANGING FROM PRIVILEGED DOCTOR-PATIENT COMMUNICATIONS AND DIAGNOSES OF INCIPIENT EMOTIONAL AND MENTAL DISORDERS TO THERAPIES AND DRUGS ADMINISTERED IN PSYCHIATRIC INSTITUTIONS, ALL OF WHICH, WITHOUT EXCEPTION, MUST BE AUTHORIZED BY THE SOVIET MINISTRY OF HEALTH. THE SOVIET GOVERNMENT'S CONCERN FOR THE RIGHTS AND WELL-BEING OF PSYCHIATRIC PATIENTS IS EXEMPLIFIED BY THE ABSOLUTE PROHIBITION OF LEUCOTOMY AND LOBOTOMY OPERATIONS AND THE STRICT LIMITATIONS IMPOSED ON THE USE OF ELECTRIC SHOCK THERAPY, AS WELL AS BY THE TOTAL BAN IMPOSED ON SUCH DRUGS AS LYSERGIC ACID AND ITS DERIVATIVE, ACID DIETHYLAMIDE (LSD 25). IN THE SOVIET UNION, IN CONTRAST TO THE PRACTICES PREVAILING IN OTHER COUNTRIES, THE COMMITMENT OF A MENTALLY ILL PERSON TO AN INSTITUTION IS DETERMINED BY MEDICAL CRITERIA ONLY. BY MANDATING THE PREADMISSION EXAMINATION OF MENTAL PATIENTS BY NO LESS THAN THREE (BUT USUALLY FIVE) PSYCHIATRISTS, THE SOVIET SYSTEM LEAVES NO MARGIN FOR ERROR AND WRONGDOING. EVEN STRICTER SAFEGUARDS ARE IMPOSED ON EMERGENCY COMMITMENTS, WHICH MUST OF NECESSITY DISPENSE WITH THE PATIENT'S AND HIS FAMILY'S PRIOR CONSENT, AND CAN ONLY OCCUR AS A CONSEQUENCE OF AN INDIVIDUAL'S UNCONTROLLABLY DANGEROUS BEHAVIOR. IN SUCH CASES THE PATIENT MUST BE EXAMINED BY AT LEAST SIX PSYCHIATRISTS PRIOR TO COMMITMENT, THE FAMILY MUST BE IMMEDIATELY NOTIFIED, AND FREQUENT DIAGNOSTIC REASSESSMENTS OF EACH CASE ARE MANDATORY. SOVIET LEGISLATION ON LEGAL INCOMPETENCY BY REASON OF INSANITY, THE INVALIDITY OF MARRIAGES CONTRACTED BY MENTALLY ILL PERSONS, GUARDIANSHIP OF THE LEGALLY INCOMPETENT, CRIMINAL RESPONSIBILITY, DRAFT EXAMINATION OF THE MENTALLY DISABLED, MANDATORY TREATMENT OF ALCOHOLICS AND DRUG ADDICTS (UNLESS THEY SUBMIT VOLUNTARILY TO TREATMENT), MEANINGFUL OCCUPATIONAL THERAPY FOR THE MENTALLY ILL IN SHELTER WORKSHOPS (WITH PSYCHIATRIC SERVICES AND MENTAL HEALTH CARE PAID FOR BY THE STATE) IS BOTH PROGRESSIVE AND HUMANITARIAN. --IN ITALIAN.
Index Term(s): Foreign Corrupt Practices Act (FCPA); Laws and Statutes; Mental disorders; Psychiatric services; Psychosurgery; Union of Soviet Socialist Republics (USSR)
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=51476

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