EXAMINATION FORENSIC-PSYCHIATRIC — the survey by experts-psychiatrists of the persons which are objects of trial or being in places of detention, made in cases of emergence of doubt in their mental full value. Conclusions of forensic-psychiatric examination have character of independent judicial proofs. Forensic-psychiatric examination is appointed in criminal or civil trial when there is a need for a special psychiatric research of the defendant, the suspect, the witness, the victim, the civil claimant and the defendant.
EXAMINATION FORENSIC-PSYCHIATRIC 27
Forensic-psychiatric examination developed on the basis of achievements of judicial psychiatry as sciences (see Psychiatry). In Russia for the first time not responsibility mentally sick a chza the uyrstvo and impossibility of their attraction as witnesses is mentioned in 1669 in New decree articles. In 19 century in Russia there is a number of large works on forensic medicine with forensic-psychiatric recommendations (A. N. Pushkarev,
V. of X. Kandinsky, S. S. Korsakov, V. P. Serbian, etc.), scientific bases of psychiatric examination, criteria of diminished responsibility, etc. are developed. However in the criminal legislation of pre-revolutionary Russia there were no certain regulations on forensic-psychiatric examination.
Bases Soviet E. pages - the item for the first time found reflection in the «Provision
on psychiatric examination» approved by Narkomzdrav RSFSR in 1919. In 1921 in Moscow Ying t of forensic-psychiatric examination was created (nowadays All-Union awards of the Labour Red Banner research institute of the general and judicial psychiatry of a name of the prof. V. P. Serbian M3 of the USSR).
Organizational issues of forensic-psychiatric examination are reflected in the first Code of Criminal Procedure of RSFSR in 1923. In 1958. The Supreme Council of USSR approved «Bases of the criminal legislation of USSR and federal republics», in to-rykh the accurate formulation of diminished responsibility is given.
Streamlining of forensic-psychiatric examination along with the Code of Criminal Procedure of RSFSR and other republics was promoted by resolutions of the Plenum of the Supreme Court of the USSR and interdepartmental instructions on production of forensic-psychiatric
According to Art. 79 of the Code of criminal procedure of RSFSR and the relevant articles of the Codes of Criminal Procedure of other federal republics, forensic-psychiatric examination in criminal trial is appointed for definition of a mental condition of the defendant or the suspect of cases when there are doubts concerning their sanity (see Diminished responsibility) or ability by the time of consideration of the case to realize the actions or to direct them, and also for definition of a mental condition of the witness and the victim in cases when it is required to establish from them existence of ability correctly to perceive the circumstances important for business and to give about them the correct evidences. By means of forensic-psychiatric examination also need of use of coercive measures of medical character to the persons who made socially dangerous acts is established. In civil process sudebnopsikhiatrichesky examination is appointed for establishment of a mental condition of the person concerning which the issue of his capacity (see Incapacity), and definitions of a mental state and ability of claimants and defendants to understand value of the actions is resolved or to direct them at commission of civil transactions.
Forensic-psychiatric examination represents one of the most difficult and responsible types of psychiatric practice. Its tasks include diagnosis of a mental disorder and its forensic-psychiatric assessment, i.e. determination of depth (weight) of frustration in relation to the criteria of diminished responsibility, incapacity which are contained in the law, etc.
Order of appointment and carrying out E. page - the item is regulated by the criminal procedure and civil and procedural legislation, and also the special instruction on production of the forensic-psychiatric examination in the USSR accepted by M3 of the USSR and coordinated with the appropriate legal authorities and departments. The psychiatrist can only be the forensic-psychiatric expert. AA. the page - the item is carried out by the experts-psychiatrists of medical institutions or psychiatrists appointed the person making inquiry, the investigator, the prosecutor or court. For carrying out E. page - the item at psikhonevrol. institutions the forensic-psychiatric Commissions of experts (FPCE) will be organized. The members of SPEK are approved by local bodies of health care. Experts-psychiatrists by the law were granted the legal rights for a comprehensive, full and objective expert investigation. The psychiatrists who are carrying out E. villages - the item, have the right to get acquainted with the case papers relating to a subject of examination, to petition for providing the additional materials to them necessary for making the conclusion, to be present at production of interrogations and other investigative actions and to ask interrogated the questions relating to a subject of examination.
There are following types E. page - the item: out-patient, stationary, examination in court session and in an office of the investigator. In cases of impossibility of psychiatric survey of the person in view of its otsutstziya or smertya the correspondence, posthumous forensic-psychiatric examination on materials of a criminal or civil case can be appointed.
Production of out-patient examination consists, as a rule, in single survey. Out-patient expertize is carried out by the specialized commissions of experts organized at psychoneurological institutions or pre-trial detention centers.
For conducting stationary forensic-psychiatric examination in insane hospitals and hospitals of research in-t sudebnopsikhiatrichesky departments (chambers) will be organized. During the conducting stationary examination all forms and methods of clinical and laboratory trials taken in psychiatry, and if necessary — and treatment are applied. The term of a stationary research shall not exceed 30 days. In case of impossibility to take out the final conclusion about a mental condition of the examinee in the specified time the stationary commission of experts passes the decision on need of extension of term of a research, the copy to-rogo goes to the body which appointed examination.
On court session of experts cause, as a rule, after conducting out-patient or stationary examination by them for specification of not clear provisions, in addition arisen questions or at discrepancy of experts in opinions. AA. the page - the item in court session can be carried out by the expert-psychiatrist individually or commission of several psychiatrists called by court. After acquaintance with case papers and the identity of the examinee in the course of judicial examination the expert submits the conclusion in writing, discloses it on court session and makes explanations on the questions asked in connection with its conclusion. In case of impossibility to give answers to the questions raised by court, the expert (experts) submits the conclusion about need of the direction subexpert for additional stationary examination. In the most hard and responsible cases of forensic-psychiatric examination at a confrontation of opinion between experts examinees can be sent by bodies of investigation or court to All-Union research institute of the general and judicial psychiatry of a name of the prof. V. P. Serbian (Moscow).
28 EXPRESSIVITY of the GENE
Results E. pages - the item are made out in the form of the act (conclusion) of sudebnopsikhiatrichesky examination. The structure of this legal document is defined by the law, and also regulations of M3 of the USSR. The conclusion of forensic-psychiatric examination consists: from introduction where formal data concerning subexpert are provided and the data which formed the basis for purpose of examination are specified; the anamnestic part containing data (subjective and objective, including obtained from case papers) about antecedents and history a crust, diseases (if any); descriptions of the physical, neurologic and mental condition established during direct inspection subexpert; the final part containing conclusions of experts and their justification. Conclusions of experts shall be given in a categorical form, the presumable conclusions are inadmissible. As the expert opinion is intended for judicial investigating authorities, it has to be clear not only for vra-whose-psychiatrists, but also for nonspecialists in the field of psychiatry. Therefore, whenever possible, in the conclusion it is necessary to avoid special terms and where their use is necessary, it is necessary to give explanations.
The conclusion of forensic-psychiatric examination is signed by all experts who conducted a research. In case of a confrontation of opinion between experts each of them makes the independent conclusion (act) with justification of the point of view. The conclusion of forensic-psychiatric examination is subject to assessment by the investigator and court. The expert opinion is not obligatory for sudebnosledstvenny bodies, however disagreement with expert conclusions shall be motivated (see Psychiatry, judicial psychiatry).
Bibliogrproblema of sanity in judicial psychiatry, under the editorship of G. V. Morozov, M., 1983; The Management on destinies
ache psychiatry, under the editorship of G. V. Morozov, M., 1977 «G.V. Morozov.