Problems of Forensic Sciences 2006 Vol. 68 (LXVIII) 409-417
PSYCHIATRIC EXAMINATION –AN OPPORTUNITY OR A SANCTION FOR A DEFENDANT?
Elżbieta SKUPIEŃ
Institute of Forensic Research, Krakow
Streszczenie
The present work concerns an issue which has been the subject of animated social debate recently. From this debate, in which the Ombudsman of Patients’ Rights and the Helsinki Foundation for Human Rights became involved, an issue emerged that surprised not only lawyers but also medical doctors. It transpired that medical examinations prior to issuing of forensic psychiatric opinions are perceived by some defendants as a humiliation or a specific form of degradation. In an extreme situation, described in this paper, an attempt to escort a defendant to such an examination ended in his death. Therefore, one should ask whether such evidence as a report on the mental state of a defendant, which was intended by the legislator to be of benefit to the defendant, is indeed so and is not abused in practice.
Słowa kluczowe
Psychiatric expert report; Examination of defendant; Assessment of accountability (soundness of mind).