Insanity can only be proved on the basis of a court order (Article 29 of the Civil Code of the Russian Federation). Until the decision is made, a person is considered fully capable and sane, despite the presence of a certificate from a psychiatric dispensary with the conclusion of a commission of specialists about complete insanity.
It is necessary
- - the conclusion of psychiatrists;
- - court statement.
To prove insanity, relatives, guardians, legal representatives of the patient, authorized employees of hospitals, nursing homes and disabled people, other social institutions where the patient is being treated or maintained, employees of the psychiatric clinic where the patient is being treated can go to court.
Submit to the court a statement, identity documents, a certificate confirming your legal authority, a certificate from a psychiatric clinic on the conclusion of a medical commission.
You are obliged to take the patient to the psychiatric clinic or he can visit it in person. It is impossible to force the patient to do this. As long as he is not recognized by the court as insane, the patient has the right to defend his rights and defend his legitimate interests (Article 48 of the Civil Procedure Code of the Russian Federation). Forced delivery for examination can be regarded as a violation of human rights and punishable by law.
A medical report from a psychiatric clinic must be signed and personalized by at least three doctors of the regional dispensary, a rectangular and official seal of the medical institution that issued the opinion, and the signature of the head physician of the clinic.
The conclusion is issued on the basis of an extract from the medical history, personal communication between doctors and the patient, after passing a series of psychological tests that allow doctors to make a final conclusion and make an accurate diagnosis.
If the court ruled to recognize a citizen as insane and incapacitated, a guardian is assigned to him by compulsory procedure by a court decision. If no one plans to take on such responsibility or the patient is in critical condition and the state of health poses a danger to him or those around him, the patient is isolated from society and placed for maintenance and treatment in a psychiatric clinic.