Who can be sent to therapeutic and labor rehabilitation centers
Amendments to the Law of the Republic of Belarus of 04.01.2010 No. 104-Z "On the Procedure and Conditions for Sending Citizens to Medical and Labor Dispensaries and the Conditions of Their Stay Therein" (hereinafter referred to as the Law) were introduced by the Law of the Republic of Belarus of 21.07.2023 No. 301-Z. The main amendments to the Law come into force on 26.01.2024.
The amendments to the Law are related to the simplification of the procedure for sending citizens with chronic alcoholism, drug addiction, or toxicomania to medical and labor dispensaries (hereinafter referred to as MLTDs) for compulsory isolation and medical and social readaptation.
According to Part 1 of Article 4 of the Law, the following individuals may be sent to MLTDs:
- citizens who, within a year, have been brought to administrative responsibility twice or more for committing administrative offenses while intoxicated or under the influence of narcotic drugs, psychotropic substances, their analogues, toxic or other stupefying substances, have been warned in accordance with this Law about the possibility of being sent to an MLTD, and within a year after such a warning have committed an administrative offense while intoxicated or under the influence of narcotic drugs, psychotropic substances, their analogues, toxic or other stupefying substances, for which they have been brought to administrative responsibility, and whose medical examination has revealed (confirmed) chronic alcoholism, drug addiction, or toxicomania;
- citizens who have applied (been admitted) to healthcare organizations for medical assistance due to poisoning caused by the consumption of narcotic drugs, psychotropic substances, their analogues, toxic or other stupefying substances, have been warned in accordance with this Law about the possibility of being sent to an MLTD, and within a year after such a warning have repeatedly applied (been admitted) to healthcare organizations for medical assistance due to poisoning caused by the consumption of narcotic drugs, psychotropic substances, their analogues, toxic or other stupefying substances.
Thus, uniform grounds have been established for referral to LTP for compulsory isolation and medico-social readaptation of citizens with dependence on alcohol, narcotic drugs, psychotropic substances, their analogues, toxic or other intoxicating substances, regardless of whether they are obligated persons; unemployed, able-bodied citizens leading an antisocial lifestyle.
The main criteria for referring a citizen to LTP are the presence of chronic alcoholism, drug addiction, or toxicomania, systematic violation of public order while intoxicated by alcohol, narcotic drugs, psychotropic substances, toxic or other intoxicating substances, as well as repeated poisoning by the specified substances, confirmed by medical assistance.
According to Part 1 of Article 5 of the Law, the head of the territorial internal affairs body (TAB) or their deputy, within ten days after receiving information that a citizen has been brought to administrative responsibility twice or more within a year for committing administrative offenses while intoxicated by alcohol or in a state caused by the consumption of narcotic drugs, psychotropic substances, their analogues, toxic or other intoxicating substances, shall issue a warning about the possibility of sending them to a therapeutic and labor prophylactic institution if, within a year after this warning, they commit an administrative offense while intoxicated by alcohol or in a state caused by the consumption of narcotic drugs, psychotropic substances, their analogues, toxic or other intoxicating substances, for which they will be brought to administrative responsibility.
In connection with the definition of a new category of citizens subject to referral to LTP in accordance with paragraph 2 of Part 1 of Article 4 of the Law, for organizations
healthcare institutions are obligated to inform the head of the territorial internal affairs body or his deputy by written notification, signed by the head and certified by the seal of the healthcare organization, about the fact of seeking medical assistance in connection with poisoning caused by the consumption of narcotic and other intoxicating substances.
Applications for sending citizens to LTPs are considered by the court in accordance with the Civil Procedure Code. The preparation of materials for court consideration is carried out by the head of the territorial internal affairs body or his deputy within ten days after receiving a medical conclusion on the presence of chronic alcoholism, drug addiction, or toxicomania in a citizen and the absence of a disease preventing him from staying in LTP.
A citizen may be sent by the court to LTP for a period of twelve months. A citizen sent to a therapeutic and labor prophylaxis facility for the third time or more may be sent by the court to LTP for a period of twenty-four months.
For the purpose of delivery to LTP, a citizen may be detained by the territorial internal affairs body for up to three days based on a court decision that has entered into legal force to send him to LTP, with placement in a temporary detention facility of the territorial internal affairs body in the manner and under the conditions established by law for the detention of persons serving administrative arrest.
The law provides, first and foremost, for the isolation and medico-social readaptation of persons with alcohol, drug, or psychotropic substance dependence syndrome.
Medico-social readaptation is a set of restrictive measures aimed at overcoming alcohol, drug, or toxic dependence and forming readiness for adaptation in society. Psychiatric assistance may be provided to persons who have expressed a voluntary desire to be cured of chronic alcoholism, drug addiction, or toxicomania, with their consent.
Head of the Department for Supervision of the Legality of Judicial Decisions in Civil Cases of the Vitebsk Regional Prosecutor's Office I.N. Titkova