Description:

This article examines the procedural and legal standards governing the application of medical coercive measures against offenders who are deemed legally irresponsible due to mental disorders. Focusing primarily on the Azerbaijani context, the study analyzes relevant provisions of the Criminal Code and the Code of Criminal Procedure, including judicial practice, Supreme Court decisions, and Plenum resolutions such as the 2012 therapeutic intervention guidelines. By exploring these instruments, the article highlights the mechanisms available for balancing public safety with the rights and medical needs of individuals who are not criminally responsible. In parallel, the article considers European legal frameworks, with particular emphasis on the standards established by the European Court of Human Rights and national legislations of selected European countries. This comparative approach allows for the identification of best practices, procedural safeguards, and the ways in which European states reconcile the protection of human rights with societal interests in security and crime prevention. Through a critical comparison of Azerbaijani and European approaches, the study identifies gaps in national legislation, inconsistencies in procedural implementation, and challenges faced by judicial authorities in applying medical coercive measures. The findings underscore the necessity of harmonizing Azerbaijani law with international human rights standards, ensuring both effective protection of society and respect for the fundamental rights of legally irresponsible offenders. The article concludes with policy recommendations and legal reform proposals aimed at strengthening the procedural framework, enhancing judicial oversight, and promoting a rights-compliant approach to medical coercive interventions. By bridging the gap between national practice and European standards, the study contributes to the broader discourse on human rights protection, criminal justice reform, and the ethical treatment of mentally disordered offenders.