Post-mortem psychiatric examination: application for appointment, conduct, results

Forensic medical examination is a procedure for examining a person for adequacy and emotional state. It is carried out by decision of the competent authority for subsequent business. Forensic medical examination is carried out with the direct participation of a group of doctors or one specialist.

Classification

State examination of a person’s condition is of the following types:

1. Outpatient study. It represents a repeated or single examination of subjects by a psychiatric commission. This procedure is performed in a short time. As a drawback of such a study, experts call the limited time for observation. Because of this, the doctor may miss significant points. The result of such a study is easy enough to challenge.
2. Stationary state examination. It is carried out if necessary after the detection of previously undetected or erased symptoms of pathology in an outpatient study. It is also performed in the process of clarifying the circumstances of the disease from the anamnesis and in the case when it is necessary to clarify the diagnosis of the suspect and establish the degree of its severity. Stationary research includes observation of subjects. It is carried out on the basis of specialized forensic medical examination departments. The study cannot last more than 30 days. If the commission has difficulties in making an accurate diagnosis, the observation may last. To increase the duration of the study, a written notice is sent to the investigating authorities. Suspects who are not taken into custody are examined in a hospital only with the approval of the prosecutor.
3. Posthumous forensic psychiatric examination. It is carried out in relation to the deceased suspect. The procedure involves the analysis of intravital behavioral acts of the subject under investigation during the period preceding his transaction or crime.

Appointment of a post-mortem forensic psychiatric examination

In some cases, there is a need to find out if a citizen was aware during his life of his own actions that led to a crime or a dispute. When violations are discovered, experts establish whether his condition at that time could have an impact on legal capacity and decision-making. The task of the researchers is to assist the judiciary. Specialists give a reasonable conclusion, which the authority will subsequently take into account when deciding on the case.

Post-mortem forensic psychiatric examination in civil proceedings

This procedure is carried out at the request of the relatives of the deceased person. As a rule, this is done to recognize the subject as legally incompetent during his lifetime with the aim of subsequently reviewing transactions he has completed. Most often, post-mortem psychiatric examination is authorized by the heirs. Successors in such cases doubt the proprietor’s adequacy when writing his will. Distrust, as a rule, arises at the time of the announcement of the last will of the deceased regarding dubious gift agreements. When making an opinion, the experts are guided by Art. 177 Civil Code. In accordance with this rule, a person may be recognized as capable, but not able to realize the consequences of their own actions at the time of the transaction.

Subject of study

A post-mortem forensic psychiatric examination is aimed at determining the condition of the subject at the time he concluded a transaction or other legal action that was not incapable in his normal life. In this case, specialists analyze not only the person’s medical history, the presence of a tendency to rash acts and behavioral acts that have certain consequences. Posthumous psychological and psychiatric examination allows you to find out the nature of his condition at a particular point in time. In addition, circumstances that could have affected the subject are identified. These include, in particular:

1. Psychological personality traits. Among them: exposure to stress, stability of the emotional background, emotional reaction to pressure, the result of various influences.
2. The psychological phenomena. These include exposure to various phobias (fear of loneliness, death, etc.).
3. Third-party pressure. Specialists determine the specific circumstances in which the transaction was concluded.

Investigation of the status of the person who committed suicide

A post-mortem psychological and psychiatric examination may be carried out to certify a person as legally incompetent at the time of making the appropriate decision and subsequent suicide. Such a study is carried out by order of authorized bodies to confirm and present reliable facts that contributed to the attempted suicide. In criminal proceedings, in the investigation of a number of crimes, such a posthumous psychiatric examination is mandatory. The questions that experts must answer are:

1. Was the subject in a condition that is assessed as a suicidal tendency?
2. What circumstances could cause such a person’s behavior? How did the state of the subject appear under the influence of provoking factors?

Reasons for doing research

A post-mortem psychiatric examination of suicide is performed if:

1. The evidence gathered is not enough to formulate an unambiguous conclusion about whether it was suicide. In this case, the specialist in accordance with the personal qualities of the subject certifies the presence or absence of a suicidal tendency. The doctor determines the nature of the condition in which the person was in the attempted suicide and during the time period preceding it.
2. Suicide is proven, but its motives are incomprehensible. In this situation, a post-mortem psychiatric examination allows you to identify the presence or absence of pressure and influence of external actors, actions that provoked suicide.

Expert opinion

The results of the study are recorded in the document of the established sample. The conclusion contains:

1. Introductory part. It indicates the persons who performed the examination.
2. The research part. This block describes the results of the analysis. In this case, the sources of medical history data (if any), the neurological and psychological state of the person, if the examination was carried out during his lifetime, as well as laboratory methods are indicated.
3. The final part. This section contains the conclusions of experts and their justification.

The conclusion must be certified by signatures and seals in accordance with the rules for registration of primary documentation. It is compiled within ten days from the date of the study and is provided for review by the court. When deciding on a case, the authorized authority may not take into account the results indicated in the conclusion. In this case, the court must justify this in its decision. In assessing the significance of the results of the study, he must be guided by the norms of the law.

The difficulty of doing research

Posthumous psychiatric examination is carried out in the absence of the subject being examined. The expert opinion in this case is formed on the basis of written evidence and data. They may be biased, which, in turn, will affect the results of the study. Often provided medical materials contain only general characteristics that do not carry a special semantic load. In intravital conclusions of doctors, as a rule, only diagnoses are present. Moreover, the documentation does not contain reliable probable reasons for their occurrence. Post-mortem psychiatric examination may also be complicated by the presence of contradictions in witness testimony and medical reports. The insufficient development of research methods is of no small importance.