PROBLEM OF DETERMINING ILLEGALITY OF DETENTION (ART. 301 § 2 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)

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• Identification of the Mental States of Minors Accused and Convicted as a Precondition for Preventing Their Destructive Behavior Mihail G. Debolsky Moscow State University of Psychology & Education, Moscow, Russia ORCID: https://orcid.org/0000-0002-2601-0077, e-mail: mdebolsky@mail.ru Daria V. Melnikova Moscow State University of Psychology & Education, Moscow, Russia ORCID: https://orcid.org/0000-0003-4501-8207, e-mail: melnikovadv@mgppu.ru Antonina S. Mesnichenko Social rehabilitation center «Vozrozhdenie», Moscow, Russia ORCID: https://orcid.org/0000-0001-9758-0619, e-mail: antonina.mesnichenko@yandex.ru The article deals with the features of the manifestation of mental states in minor suspects, accused and convicted persons, depending on the presence at a certain stage of preventive measures selected against the subject. The relevance of this issue is due to the need to take into account mental states for the prevention of destructive behavior (suicides, escapes, group disobedience, mass riots, conflicts with cellmates, conflicts with employees of the institution) in the pre-trial detention center and educational colony. The article describes some features of adolescence that affect the mental state of minor suspects, accused, and convicted. The publication presents the theoretical analysis of the concept of "mental state", briefly describes "the crisis points" faced by people from the moment of stay in pre-trial detention center prior to the incarceration in education colony (inclusive), describes the factors of the prison environment that affect the subject and the most frequently occurring mental condition in dependence on location at a certain "critical" point (location in a pre-trial detention center, in the courtroom (sentencing), detention in education colony and release). Keywords: mental state, adolescence, convicts, suspects, accused, factors of the prison environment, prevention.
  by: Mihail G. Debolsky, et al.
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