Forensic psychiatry is a medical science that solves special problems. They boil down to establishing the sanity or insanity of a person in criminal proceedings and the legal capacity or incapacity in civil disputes.
Relevance of the issue
Investigative, operational, judicial, and prosecutorial officers are assigned various tasks that require not only special skills, life experience, but also knowledge of forensic psychiatry. As part of their activities, employees often have to turn to specialists to identify the special circumstances of a particular incident. Only a forensic psychiatric examination can determine whether the subject was aware of the social danger of his behavior, whether he could direct his actions at one time or another.
The answers to these questions will determine whether he is found guilty of a crime or the likelihood of his release from liability with the subsequent appointment of treatment. Forensic psychiatric examination in civil proceedings allows you to determine whether a person is competent or not. In accordance with this, the issue of establishing guardianship over him is being decided.
What experts decide
In addition to establishing sanity or insanity, legal capacity or incapacity, the doctor determines:
- The ability of victims and witnesses to apprehend events adequately and testify about them.
- The ability of the convict to serve his sentence imputed to him in his condition.
Psychological and psychiatric examination allows you to diagnose the probable presence of a mental disorder of any participant in the case, to determine the severity of violations. If necessary, a specialist’s opinion provides recommendations on treatment.
Difficulties
A psychiatric examination is often fraught with a number of problems. They are caused, first of all, by the fact that one or the other side of the process may have certain nervous disorders, although at the same time, the subjects can be quite sane. Often, specialists have to examine atypical, erased, indistinct forms of violations. In some cases, the subjects reveal the consequences of previous psychoses, however, they are quite able-bodied, have families, work in a team. Nervous disorder may not be manifested by any symptoms and can be detected under the influence of emotional stress of varying severity. Its occurrence, in turn, is associated with investigative measures or a direct hearing in the case. Often, a psychiatric examination reveals a dissimulation or a simulation of a disease.
When establishing the truth, the clinical observation of the subjects acts as a key condition for the diagnosis of disorders. It is supplemented by the results of laboratory tests.
Appointment of Psychiatric Examination
The organization of the study is regulated by the norms of the Code of Criminal Procedure, Criminal Code and Civil Code. Psychiatric examination is carried out in special institutions by competent commissions. The study is carried out:
- By order of the prosecutor.
- By decision of the inquiry body.
- By order of the investigator.
- By court ruling. The decision may be made, including within private prosecution or as a preliminary preparation for consideration of a civil dispute.
- At the suggestion of the management of places of serving sentences in the form of imprisonment.
Important point
A psychiatric examination is organized in all cases when an official conducting an inquiry, a prosecutor, investigator or other authorized person has doubts about the adequacy of the subject. The victim, the suspect / accused, their relatives, the prosecutor, the lawyer from the moment of participation in the process, the plaintiff, defendant, as well as their representatives have the opportunity to apply for an examination. The petition is submitted to higher authorities and officials.
If there is doubt about the mental state of the suspect or the accused, the absence of external reasons for the commission of the crime and the particular cruelty of the crime, the investigator or the court may decide to carry out the examination, regardless of the person’s desire and the availability of motions. Similarly, in the case of improper behavior or inadequate testimony of a witness or victim.
Features of the decision to carry out the study
When making an order, an authorized person is obliged to be guided by the legislative requirements on the completeness, objectivity and comprehensiveness of studying the circumstances of the case. The decision should set out the plot of the case, the grounds for the study, indicate the specialist who will conduct it. Be sure to spell out the resolution of the questions that must be answered by a psychiatric examination. The name of the case and its number must be indicated in the water part. The name of the subject sent for examination is also given here. If the proceedings are conducted in a criminal case, the article indicating the corresponding crime is indicated.
The narrative includes a summary of the unlawful actions of the subject being examined, as well as grounds that raise doubts about the adequacy of his condition. In the decision, the most important section is considered to be the questions that the authorized person raises before the expert. They must be consistent with the competence of the specialist performing the study. Often, the doctor raises questions that need clarification. For example, we ask for clarification of the time of the occurrence of the pathology, a description of the nature of the course of the disease, the likelihood of recovery, etc. The questions posed to the specialist should be clear, have a specific wording, suggesting unambiguous answers. If an employee has difficulty setting tasks for an expert, he or she can consult a psychiatrist.
