CRIMINAL AND PROCEDURAL ASPECTS OF FORENSIC PSYCHIATRIC EXAMINATION IN THE INVESTIGATION OF CRIMINAL OFFENSES

Abstract

Forensic psychiatric examination is a crucial element in the investigation of criminal offenses related to mental disorders in suspects, defendants, or victims. This examination allows for the assessment of an individual’s mental state at the time the crime was committed, their ability to understand and control their actions, as well as determining the need for specialized treatment. The forensic and procedural aspects of forensic psychiatric examination are key components ensuring the objectivity and effectiveness of its execution. It is noted that forensic aspects include methods of identifying the suspect's mental state and methods of gathering evidence to establish a connection between mental disorders and illegal behavior. Professional criminologists and psychiatrists must consider a comprehensive approach, which includes analyzing behavior, medical documentation, eyewitness testimonies, and other case materials. A proper assessment of the mental state can influence the qualification of the crime and the determination of the extent of liability. Procedural aspects of forensic psychiatric examination involve the procedure for appointing and conducting the examination, including the composition of the expert commission, its powers, and the scope of rights granted. Current legislation mandates adherence to the principles of objectivity, independence, and impartiality, which serve as the basis for legal decisions made based on the results of the examination. The expert opinion is a significant piece of evidence that impacts the judicial decision regarding the possibility of holding someone criminally liable or the necessity of applying compulsory medical measures. The authors stated that the forensic and procedural aspects of forensic psychiatric examination are interrelated and interdependent components that allow to ensure the comprehensiveness and reliability of the judicial process in the investigation of criminal offenses.