Problems of Forensic Sciences 2005 Vol. 61 (LXI) 42-54
PREREQUISITES FOR APPLYING A PSYCHIATRIC OBSERVATION IN A CRIMINAL TRIAL AND THE COURSE OF THE OBSERVATION
Iwona SEPIOŁO
Faculty of Law and Administration, Nicolaus Copernicus University, Toruń
Streszczenie
Hospital observations, similarly to all auxiliary examinations, broaden knowledge on the psychological state of an examined person, but they are not obligatory. They are dependent on the arising of a real need – and it is above all forensic experts who make a decision as to whether there is such a need although their decision is subject to the jurisdiction of the court. The need to allow evidence from examination of the psychological state of an offender by expert psychiatrists arises when analysis of the offender’s personality, and of the crime s/he is accused of, provides a basis for reasonable doubt concerning her/his accountability at the moment of committing the crime, and also concerning her/his ability to testify in court. The only body authorised to issue a decision concerning medical examination is the court in which the case is being tried. Observation in a health centre significantly increases the chances of issuing a reliable and accurate opinion. This is of great importance when security measures have to be applied, because "only during observation in a hospital may one attempt to make a more reliable prognosis concerning criminal behaviours of an offender and their connections with her/his mental disturbances".
Słowa kluczowe
Forensic expert; Psychiatric examination; Health centre; Defendant.