Forensic psychiatric examination

Forensic psychiatric examination is carried out in cases where the judicial or investigative authorities doubts about the state of mental health prosecuted.
Experts can be only doctors-psychiatrists. The experts usually put the question of whether the defendant is responsible for an offense and whether he is on his condition at this time to stand trial or to serve his sentence. In these cases, psychiatrist first of all, we have to solve the question of mental illness as in the time of the crime, and by the time of the survey. In cases where States mental illness, the judge shall give a reasoned conclusion: could the accused at the time of the offence, to control his actions or be aware of them. If it could not, the offender shall be recognized expert insane, i.e. by such person, which can only be applied social protection measures of a medical nature. The court has the right to appoint repeated expertise. Expert-psychiatrist is not mandatory for the court, and serves only as a recommendation.

Forensic psychiatric examination is appointed by the investigative or judicial authorities psychiatric assessment of persons who cast doubt on its mental aptitude.
The appointment and conduct of forensic psychiatric examination regulated in the criminal procedural and civil procedural legislation of the Union republics and instructions of the Ministry of health of the USSR. These are the "regulations on the production of judicial-psychiatric examination in the USSR", "regulations on the production of judicial-psychiatric examination in civil proceedings".
Most forensic psychiatric expert examination is appointed in criminal proceedings for the solution of the question about the sanity or insanity of the accused. Insane recognized as persons who when committing the crime could not give itself the report in his actions or control them due to a chronic mental disease, temporary painful disorders of mental activity, dementia or other painful conditions (article 11 of the principles of Criminal legislation of the USSR and Union republics). May be appointed forensic psychiatric examination of witnesses and victims to establish their ability to correctly perceive circumstances of relevance for the case, and to give proper testimony (article 79 of the Criminal procedure Code of the RSFSR and the relevant articles of the CPC of the other Union republics).
In a civil proceeding of a judicial-psychiatric examination is appointed to resolve the issue of legal capacity or incapacity plaintiffs and defendants. Incapable in accordance with the senior 15 of the civil code of RSFSR are those persons who, due to mental illness or mental deficiency may not understand the meaning of his actions or control them (see the Mentally ill).
Forensic psychiatric examination is to recognize mental illness, and when establishing such in the estimation of depth (severity) of mental disorders in relation to the above criteria of insanity and incompetence.
There are the following types of forensic psychiatric expertise: expertise in the investigator's office, outpatient examination, stationary examination, the examination in the court session, as well as part-time or post-mortem examination of the materials of the criminal and civil cases. The latter is, for example, after the suicide or to challenge the testamentary heirs capacity of the deceased.
Most often conducted outpatient and inpatient examination. For their implementation are created forensic psychiatric expert Commission of doctors-psychiatrists and for stationary examination of special departments or wards in mental hospitals and dispensaries. When conducting stationary examination of all accepted generally in psychiatry forms and methods of clinical and laboratory research, and, if necessary, treatment. The usual term of admission to a hospital one month, if necessary it can be extended according to experts. In the most difficult and important cases expertise divergence of opinions between experts of the person undergoing examination, can be sent by the investigative authorities or the court in the Central scientific research Institute of judicial psychiatry. B. N. Serbian (Moscow).
The opinion of a psychiatrist-expert shall be specified in the forensic-psychiatric examination. The procedure and form of its execution provided in the regulations of the Ministry of health of the USSR. The act consists of an introduction (formal part), anamnestic information (subjective objective, drawn from the case), describe the state of the subject, preamble (which analyzed data psychiatric examination and justified by the results I of the final part. In the latter indicates the diagnosis and provides forensic psychiatric conclusions about sanity, disability and In other cases of insanity, and if the subject is mentally ill after committing the crime, experts specify what measures of medical character he needs (compulsory treatment by a court, transfer to the care of the health authorities).
The legislation and the organization of psychiatric care in the USSR provide the ability objective, scientifically based forensic psychiatric examination. The experts have the right to get acquainted with case materials collected by investigators and the court. The experts may additionally request the necessary information. Examination, as a rule, is not alone, but by a Commission. The forensic psychiatric examination, as well as all other examinations, are not binding for the bodies of investigation and court, however disagreement with the expert's opinion has to be motivated.
Psychiatrist-expert has to meet with dissimulate.