Medical and procedural-legal aspects of inpatient and outpatient forensic psychiatric examination

Sandra Kaija, Inga Kudeikina, Nataliya Gutorova (Coresponding Author)

Research output: Contribution to journalArticlepeer-review

Abstract

OBJECTIVE: The aim: The aim of the study is to define the legal framework of forensic psychiatric examination commissioned by the court in relation to the competence of medical practitioners and the position of the subject as a patient in the process of forensic psychiatric examination in order to determine the correlation of special legal regulation with criminal and civil procedure regulation and to make proposals for the enhancement of the legal regulation. PATIENTS AND METHODS: Materials and methods: This study is based on the analysis of international law, medical civil procedure and criminal procedure legislation, juridical practice, medical law legal doctrine. The following methods were used in this research: the method of interpretation of legal norms, analysis of legal acts, and the induction-deduction method, upon which the conclusions were drawn and recommendations were provided. CONCLUSION: Conclusion: The current regulatory framework does not provide for the procedure by which the subject's medical treatment is conducted during forensic psychiatric examination, nor does it determine the criteria for the admissibility of treatment of the persons concerned and the extent of treatment. During the examination, the medical practitioner who is in the expert's procedural position in relation to the subject under examination in the particular examination should not carry out the treatment of the subject.

Original languageEnglish
Pages (from-to)1533-1538
Number of pages6
JournalWiadomosci lekarskie (Warsaw, Poland : 1960)
Volume73
Issue number7
Publication statusPublished - 2020

Keywords

  • accountability
  • civil proceedings
  • criminal proceedings
  • expert
  • medical treatment
  • legal capacity

Field of Science

  • 5.5 Law
  • 3.2 Clinical medicine

Publication Type

  • 1.1. Scientific article indexed in Web of Science and/or Scopus database

Fingerprint

Dive into the research topics of 'Medical and procedural-legal aspects of inpatient and outpatient forensic psychiatric examination'. Together they form a unique fingerprint.

Cite this