Criminal proceedings

Civil trials

1. Forensic psychiatric examination of the suspects and accused

Key issues (tasks) to be addressed:

• Did the person have any mental disorder at the time of the offense(s)? (Articles 19, 20 of the Criminal Code)
• Could the person be aware of and control his/her act(s) due to his/her mental condition at the time of the offense(s)? (Art. 19, paragraphs 1, 2 of the Criminal Code)
• Could the person be aware of or control his/her act(s) or omissions due to his/her mental condition at the time of the offense(s)? (Art. 20, paragraph 1 of the Criminal Code)
• Does the person have any mental disorder at present? (Art. 19, paragraph 3 of the Criminal Code)
• Can the person be aware or control his/her act(s) due to his/her mental condition at present? (Art. 19, paragraph 3 of the Criminal Code)
• Is the person subject to the compulsory medical measures to be applied? (Articles 93, 94 of the Criminal Code)
• Can the person exercise his/her right to defense by himself/herself due to his/her mental condition? (Articles 44, 52 of the Criminal Procedure Code)
• Can the person take part in the procedure actions due to his/her mental condition?
• Does the person have any mental or behavioral disorder due to the use of psychoactive substances? If so, is he/she subject to undergo medical treatment for his/her addiction? (Art. 76, paragraph 3, item 5 of the Criminal Code)

2. Forensic psychiatric examination of the witnesses

Key issues (tasks) to be addressed:

• Does the person have any mental disorder at present?
• Can the person perceive correctly the circumstances relative to the trial and testify due to his/her mental condition? (Art. 65 of the Criminal Procedure Code)

3. Forensic psychiatric examination of the victims

Key issues (tasks) to be addressed:

• Did the person have any mental disorder at the time of committing a criminal offense against him/her?
• Could the victim be aware of the character and significance of the criminal act(s) against him/her due to his/her mental condition, and could he/she resist? (helpless condition)
• Does the victim have any mental disorder at present? If so, could that mental disorder result from the offenses committed against him/her?

4. Forensic psychiatric examination of the convicts (Art. 84 of the Criminal Code)

Key issues (tasks) to be addressed:

• Did the person have any mental disorder at the given time that deprived him/her of being aware of or controlling his/her acts (omissions)?
• Is the person subject to compulsory medical measures due to his/her mental condition? If so, what kind of measures?
• Does the person have any mental or behavioral disorder due to the use of psychoactive substances? If so, is this person subject to undergo medical treatment for his/her addiction? (Art. 76, paragraph 3, item 5 of the Criminal Code)

1. Forensic psychiatric examination in the trials on limiting the civil capacity of an individual, recognizing an individual incapacitated

Key issues (tasks) to be addressed:

• Does the person have any mental disorder? If so, is his/her disorder chronic and persistent? (Articles 36, 39 of the Civil Code)
• Can the person be aware of and/or control his/her acts? (Art. 39 of the Civil Code)

2. Forensic psychiatric examination in the trials on recognizing a committed act invalid (Art. 225 of the Civil Code)

Key issues (tasks) to be addressed:

• Did the person have any mental disorder at the time of committing his/her act(s)?
• Was the person aware of or controlling his/her act(s) due to his/her mental condition at the time of committing his/her act(s)? (Art. 225 of the Civil Code).

3. Forensic psychiatric examination in the trials on annulling a marriage invalid or dissolving a marriage

Key issues (tasks) to be addressed:

• Did the person have any mental disorder at the time of getting married?
• Could the person be aware of or control his/her act(s) at the time of getting married?
• Does the person have any mental disorder at present?
• Can the person go on being married and his/her family relations due to his/her mental condition?

4. Forensic psychiatric examination in the trials on the opportunity to be engaged in bringing up children

Key issues (tasks) to be addressed:

• Does the person have any mental disorder at present? If so, can the person take part in bringing up children (or do it by himself/herself) due to his/her mental condition?

5. Forensic psychiatric examination in the trials on disputing the psychiatric diagnosis, the need for providing psychiatric care, its type, and procedure

Key issues (tasks) to be addressed:

• Did the person have any mental disorder during psychiatric care provision? If so, what kind of disorder did he/she have?
• Was the person subject to psychiatric care due to his/her mental condition?