About medical documents when changing a measure of restraint in connection with a serious illness of the defendant (a detailed regulation as prevention of the abuse of right)
The article formulates the reasoned regulations on a standard and legal basis, system and a form of the medical documents made in various situations connected with changing measures of restraint in connection with the serious illness of the defendant that prevents his remand in custody. The federal legislation establishes the following norms: about the certificate of the serious illness interfering detention, the medical certificate which is taken out by results of medical examination; about the approval of the list of serious illnesses interfering the detention of suspects and accused of commission of crimes, order of their medical examination and form of the medical certificate by the Government of the Russian Federation (the Federal Law of December 29, 2010 No. 434-FZ); about making decision on changing a measure of restraint in the form of detention no later than 3 days from the date of receipt of the copy of medical certificate (the Federal Law of July 1, 2017 No. 137-FZ). According to Article 110 of the Criminal Procedure Code of the Russian Federation the Government of the Russian Federation approved Rules of medical examination of suspects or those accused of commission of crimes; the list of serious illness interfering detention of suspects or those accused of commission of crimes; the form of a medical certificate of existence or absence of a serious illness included into the list of serious illnesses ( Resolution No. 3 of January 14, 2011). According to the Rules of medical examination of suspects or those accused of crimes, the Ministry of Health and Social Development of the Russian Federation approved the form of certification for medical examination of suspects or defendants (the Order of March 16, 2011 No. 208n), the form, order of maintaining and storage of registration log books of medical surveys of suspects or defendants (the Order of March 16, 2011 No. 209n). The significance of requirements to the order and form of drawing up medical documents in various situations when changing of restraint measures is connected with a serious illness interfering the detention of the defendant and the consequences of their violation is shown on the materials of judicial and investigative practice. Special attention is paid to the question of legal validity of medical documents from medical institutions of a foreign state on stationary medical examination of the defendant that confirm the disease interfering his detention according to the Russian criminal proceedings.