scholarly journals The term of the inpatient forensic psychiatric assessment and its continuation in criminal proceedings

2021 ◽  
pp. 173-185
Author(s):  
O. I. Tyshchenko
Keyword(s):  
Criminal Liability ◽  
General Term ◽  
Medical Institution ◽  
Criminal Proceedings ◽  
Psychiatric Assessment ◽  
Legislative Regulation ◽  
Forensic Psychiatric ◽  
Precautionary Measures ◽  
Forensic Psychiatric Assessment

The article discusses the problematic issues of calculating the term for placing a person in a medical institution for the purpose of conducting the inpatient forensic psychiatric assessment (hereinafter referred to as the FPA) in criminal proceedings. Based on the materials of judicial practice: 1) a wide variability of the approaches of judges is demonstrated in the determination of the term for carrying out the FPA in the resolutions (since the legislator, in part 2 of Article 509 of the Criminal Procedure Code of Ukraine (hereinafter – the CPC), indicates only the upper limit of the time period for carrying out the FPA – up to two months); 2) the decisions of judges on the prolongation of the FPA are highlighted and analyzed. The necessity of legislative regulation of prolongation of the FPA term at the level of criminal procedural legislation of Ukraine is proved. In a comparative aspect, the normative regulation of the FPA term and the procedural mechanism of its prolongation in the criminal procedural legislation of the neighboring countries – Kazakhstan, Moldova, Uzbekistan, Estonia, etc. are illustrated. At the same time, the positive experience of foreign countries was recognized as suitable for adoption in the following aspects: (a) determination of the term of the FPA in days; (b) prolongation of the FPA at the reasoned request of the expert (commission of experts); (c) prolongation of the FPA for up to 30 days. In this case, the general term of a person’s stay during one FPA cannot exceed 90 days. However, if an additional or repeated FPA is required, its term must be recalculated. Attention is focused on the fact that the results of the assessments carried out may be different, but the establishment of a reliable mental state of a person acquires particular importance when deciding whether a person is subject to criminal liability. Therefore, it is emphasized that it is inexpedient to propose legislative regulation of the term limit for conducting the FPA in relation to a specific person in one criminal proceeding. It is concluded that since the issue of sending a person to a medical institution for a psychiatric assessment is resolved in the manner prescribed for submission and consideration of applications for precautionary measures (Part 2 of Article 509 of the CPC), it is logical that the prolongation of the inpatient FPA may occur in the order of extension of detention (Article 199 of the CPC).

scholarly journals Problematic issues of appealing against the decision of the investigating judge, the court on sending a person to a medical institution for a psychiatric assessment

2021 ◽  
pp. 328-334
Author(s):  
O.I. Tyshchenko
Keyword(s):  
Court Decision ◽  
Medical Institution ◽  
Criminal Proceedings ◽  
Psychiatric Assessment ◽  
Procedural Law ◽  
Legitimate Interests ◽  
Forensic Psychiatric ◽  
Constitutional Right ◽  
The Right ◽  
Judicial Protection

The article reveals the problem of appealing against the decision of the investigating judge, the court on sending a person to a medical institution for a psychiatric assessment, in particular: a) it is stated that sending a person to a medical institution for assessment is a form of restriction of his or her constitutional right to liberty, which is equivalent to detention. It is proposed to amend the Criminal Procedure Code (hereinafter – the CPC), which provides for the right to a separate appeal against a court decision on sending a person to a medical institution for assessment, decided in court before the court decision on the merits. The lack of possibility to appeal against such a court decision creates a potential danger of illegal restriction of a person’s constitutional right to liberty and security during their placement in a medical institution for the inpatient forensic psychiatric assessment (hereinafter – the IFPA), which violates the essence of the right to judicial protection; b) it is proved that the decision of the investigating judge, the court to send a person to a medical institution for the IFPA may limit not only the rights of the suspect, accused, but thus also affect the legitimate interests of others who do not have procedural status in criminal proceedings. It is determined the expediency of granting the right to appeal the said court decision to the victim and other persons whose interests it concerns; c) it is noted that the mechanism of prolongation of the term of the IFPA is not regulated in the domestic criminal procedural law, however judges continue it in the absence of a legislative basis. Therefore, it is expressed the scientific position on the rationality of appealing not only the decision of the investigating judge, but also the court’s decision to extend the term for sending a person to a medical institution for assessment. 

The effect of gender on the outcome of forensic psychiatric assessment in Sweden: A case vignette study

2015 ◽  
Vol 27 (2) ◽  
pp. 124-135 ◽  
Author(s):  
Kristina Sygel ◽  
Joakim Sturup ◽  
Uno Fors ◽  
Hanna Edberg ◽  
Joakim Gavazzeni ◽  
...  
Keyword(s):  
Case Vignette ◽  
Psychiatric Assessment ◽  
Vignette Study ◽  
Forensic Psychiatric ◽  
Forensic Psychiatric Assessment

Forensic Psychiatric Assessment and Treatment in Germany

2000 ◽  
Vol 23 (5-6) ◽  
pp. 467-480 ◽  
Author(s):  
Rüdiger Müller-Isberner ◽  
Roland Freese ◽  
Dieter Jöckel ◽  
Sara Gonzalez Cabeza
Keyword(s):  
Psychiatric Assessment ◽  
Assessment And Treatment ◽  
Forensic Psychiatric ◽  
Forensic Psychiatric Assessment

Ethics, Duty of Care and Forensic Psychiatric Assessment: A Legal Perspective

1998 ◽  
Vol 32 (5) ◽  
pp. 722-727 ◽  
Author(s):  
Peter C. Gaughwin
Keyword(s):  
Ethical Framework ◽  
Psychiatric Assessment ◽  
Legal Proceedings ◽  
Legal Perspective ◽  
Potential Disadvantage ◽  
Ethical And Legal Issues ◽  
Forensic Psychiatric ◽  
Forensic Psychiatric Assessment ◽  
Advocacy Role

Objective and Method: This article examines some of the ethical and legal issues which confront the psychiatrist who is asked to provide a forensic psychiatric assessment. Theory is explained and illustrated by way of a case study. Results: Recent cases demonstrate a tendency by some psychiatrists to adopt an advocacy role in legal proceedings, to the potential disadvantage of not only those involved in the proceedings, but also to the wider community. Conclusion: Ideally, there is a need for a greater collaborative effort between the College's Ethics Committee and this Country's Courts and Law Societies to establish and monitor an ethical framework in the area of expert psychiatric evidence.

On the history of forensic psychiatric assessment in civil proceedings

2021 ◽  
pp. 13-24
Author(s):  
N.K. Kharitonova ◽  
O.A. Rusakovskaya ◽  
M.A. Kachaeva ◽  
V.I. Vasyanina ◽  
M.A. Hristoforova
Keyword(s):  
Psychiatric Assessment ◽  
Civil Proceedings ◽  
History Of ◽  
Forensic Psychiatric ◽  
Forensic Psychiatric Assessment

General and Special Theories of Criminal Procedure

2021 ◽  
pp. 249-254
Author(s):  
Sergey V. Slinko ◽  
◽  
Dmitry S. Slinko ◽  
Dmitry V. Filin ◽  
◽  
...  
Keyword(s):  
Criminal Liability ◽  
Criminal Procedure ◽  
Special Theory ◽  
Criminal Proceedings ◽  
Conceptual Approach ◽  
Basic Principles ◽  
Procedural Law ◽  
Alternative Measures ◽  
Judicial Actions

The relevance of the article can be determined on the basis of research on general theories of criminal procedure. The main theoretical provisions of the criminal procedure of continental Europe began to be developed in 1864, after the adoption of the Charter of the Criminal Proceedings of Russia. Theoretical developments included a conceptual approach that defined guarantees for the rights, freedoms and interests of participants in the procedure, basic principles, forms of evidence and proving, the procedure for investigative and judicial actions. The aim of the article is to reveal the theoretical content of the general theory of the procedure and to determine new special theories enshrined in the current legislation. If general theories of the procedure have been considered at the level of monographic research, special ones have remained outside the scope of studies. The novelty of the research consists in the disclosure of theoretical and practical aspects of general and special theories of criminal procedure on the basis of existing legislation and the practice of its application by criminal justice authorities and the collegiate court. The article considers the theoretical aspects of a special theory. Issues of the optimization and procedural economy of criminal procedure based on benchmark theory are related to the release of a person from criminal liability and the use of alternative measures. New legal definitions are proposed that establish a clear mechanism for procedural, investigative (search), judicial actions in establishing, securing, evaluating evidence of guilt or innocence of a person. The existing legal constructions of general theories provide an impetus for the application of special theories of criminal procedure, which are associated with solving the problems of criminal proceedings, its optimization, and procedural economy of applying criminal procedural repression. The current criminal procedural law does not fully define the concept of general and special theories of the procedure. The article proposes theoretical aspects and practical solutions to these emerging problematic issues. The basic concept of the article includes the analysis of general and special theories of criminal procedure, the determination of the provisions for its optimization and procedural economy on the basis of the unified content of criminal and procedural rules in establishing circumstances related to the closure of criminal proceedings, and the release of a person from criminal liability. Based on the analysis of the current criminal procedural legislation, the content of procedural repressions, which are determined on the basis of the procedural status of prosecution and the mechanism of their application with respect to a particular category of participants in criminal proceedings, is revealed.

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