WITH criminal law point In terms of view, the subject of a crime is an individual who committed a crime, is sane and has reached a certain age at the time of the commission of the crime. A person's sanity is assessed as his ability to be guilty, responsible and legally recognized as a criminal.

To attract criminal liability it is necessary to exclude the presence of a person’s state of insanity at the time of committing a crime or to establish a state that does not exclude sanity.

The Criminal Code of the Russian Federation uses the concept of “mental disorder”. This medical criterion, which, along with the legal one (the inability to realize the actual nature and public danger of one’s actions (inaction) or to direct them) determines the person’s state of insanity.

As practice shows, it is often difficult for a law enforcement official to determine the meaning of the concept “mental disorder”, since it relates to such a branch of medicine as psychiatry (forensic psychiatry).

The investigator appoints a judicial psychiatric examination when during the investigation he receives information about the presence of a person brought to criminal liability, mental disorder. Or if at the stage preliminary investigation doubts arise about the mental integrity of the person.

The investigator can independently identify deviations in the behavior of the person under investigation, which will subsequently require professional assessment an expert psychiatrist, if available general idea about mental disorders in general, about some of the most common symptoms, and will also show basic care when conducting investigative actions.

The investigator is not required to identify or diagnose the disorder, since determining its presence or absence is within the scope of special knowledge expert psychiatrist. The investigator’s task is to establish the signs of the subject of the crime, which includes sanity.

The concept of “mental disorder” is more unified and correct for use in criminal law than purely medical concept"mental illness". It is included in the conceptual apparatus of such related fields of knowledge, closely related to criminal prosecution, as forensic psychiatry. In their conclusions, psychiatrists use precisely the concept of “mental disorder,” which is then transferred to the materials of the criminal case and court decisions.

When is a forensic psychiatric examination ordered?A

In accordance with Art. 196 of the Code of Criminal Procedure of the Russian Federation, the appointment and production of an FIR is mandatory if it is necessary to establish the mental state of the suspect, accused, when doubt arises about his sanity or ability to independently defend his rights and legitimate interests V certain cases(their list in the article is exhaustive). Here, the appointment of an SPE is justified and justified by the presence of doubts about the sanity of the person.

But what to do in cases where provided for in Art. 196 of the Code of Criminal Procedure of the Russian Federation there are no grounds for appointing an SPE? Investigators are forced to order these examinations only to fulfill the demands of the prosecutor’s office for “total” forensic psychiatric examinations in relation to persons who have committed particularly serious crimes. In most cases, they are prescribed in the absence of a reason medical indications, that is, mental disorders present in the person under investigation. At the same time, the investigator personally, with due care towards the person brought to justice, has no doubts about his sanity or his ability to independently defend his interests.

In the absence of grounds provided for in Art. 196 of the Code of Criminal Procedure of the Russian Federation is not mandatory. Hence, its failure cannot be the reason for the return of the criminal case by the prosecutor or the court for proceedings additional investigation. The unreasonable appointment of a forensic psychiatric examination leads to obvious delays in the investigation. After all, the seizure in the prescribed manner(By court decision) medical documents necessary for the examination, the examination itself and the preparation of the conclusion may take several months.

The reason for ordering a forensic psychiatric examination in relation to suspects (accused) in criminal cases should be:

The person is registered with a psychiatrist or narcologist (in a psychoneurological or narcological clinic);

Treatment in the past psychiatric hospitals or from a narcologist;

Availability of information about diseases or injuries of the brain, if they were accompanied by mental disorders or the development of dementia, decreased ability to work;

So-called oddities in behavior and statements, that is, the manifestation of individual symptoms of a mental disorder;

External lack of motivation for committing a crime, special cruelty, pretentiousness of the act;

Committing serial sexual crimes or serial murders, both sexual and non-sexual.

If there is no doubt about mental fitness, that is, there is a suspicion of the presence of a mental disorder, an examination should not be ordered.

What is outpatient and inpatient forensic psychiatric examination? What types of examinations does the Serbsky Institute conduct? How is it carried out? independent examination to make a diagnosis?

Greetings to the readers of the HeatherBeaver website! With you - Maria Darovskaya.

The topic of our article today is forensic psychiatric examination. Not a single criminal case can proceed without such research. Its main goal is to identify the degree of sanity of a suspect in a particular crime.

I will talk about the main types of psychiatric examination and the algorithm for carrying out this procedure. You will also find out where to order such a study if necessary - at the end of the article there will be an overview of three independent companies who will conduct a competent and professional examination.

1. What is a forensic psychiatric examination and when is it necessary?

The purpose of a forensic psychiatric examination is to draw a conclusion about the legal capacity/sanity of the person being examined and to confirm/refute his diagnosis. Conduct an examination as directed by the prosecutor, investigator, or court.

The procedure is regulated by the Instructions of the Ministry of Health and Social Development, administrative and criminal codes.

Forensic psychiatric examination- a study that is carried out using knowledge from psychiatry to assess the mental state of a person in general or in certain period time, make a diagnosis or, conversely, remove it.

During the procedure, the following is determined:

• degree of sanity, legal capacity (including procedural);
• is it possible to make a decision on compulsory treatment;
• whether the patient is able to serve his sentence in prison.

Doubts about the mental health of the subject arise from strange behavior, absurdity of testimony, lack of motive for the offense, slander and self-incrimination, the particular cruelty of crimes, suicide attempts, and the fact that the patient is already registered with a psychiatrist.

Example from life

Subject Boris* worked as a mechanic in the past; after his dismissal, he did not work for a year and tried to remain alone. Boris came to the school where he studied, and there he met his teacher, who had once taught him Russian.

Boris demanded that she give him English classes, since, according to him, he was going to leave for an English-speaking country.

The teacher refused, in response to which Boris beat her in front of the schoolchildren. Experts discovered Boris had schizophrenia and declared him insane.

(*name changed)

Regulates the conduct of forensic psychiatric examination of the Code of Criminal Procedure RF, articles 29, 79, 131, 177, 260.

2. What are the types of forensic psychiatric examination - 5 main types

There are 5 main types of forensic psychiatric examination.

Let's look at them in more detail.

Type 1. Outpatient examination

In this case, the subject will be examined by a commission of psychiatrists. This only happens once. Location - investigation Department or courtroom.

Outpatient commissions often operate at hospitals and dispensaries in permanent basis. They are usually pre-organized and consist of three doctors, including a speaker and a chairman.

The reporter’s task is to examine the subject in advance, talk with him, draw up an anamnesis, and familiarize himself with the case materials. After this, the subject needs to be presented to the commission and make a report on his illness. Then, based on this information, the commission makes its decision.

Although outpatient examination is carried out in short time, making an accurate diagnosis using it is problematic. For this reason, it is used in relation to mental healthy people to assess their condition when committing an offense.

An examination is also carried out if necessary to examine clearly mentally unhealthy people (with diagnoses of schizophrenia, dementia, epilepsy, psychosis).

Outpatient examination is used for symptoms of psychopathy, for patients with alcoholism, mental retardation, people with brain injuries or lesions nervous system.

Type 2. Examination in the investigator’s office

This examination resembles an outpatient examination. But it is carried out by one psychiatrist invited by the investigator. This is, rather, a consultation: a psychiatrist evaluates the grounds for conducting a full-fledged expert study and tells what is needed for this.

If the expert is confident that an outpatient or inpatient examination is unnecessary, he indicates this in a written opinion.

If the examination has already been carried out before, the expert will comment on the results obtained and give explanations.

View 3.

It is carried out in a hospital inpatient unit, and only by order of the investigation or a court ruling.

The patient is placed in a hospital, monitored, the data is studied and a conclusion is issued. The examination is carried out by a commission.

It is prohibited to keep a person in a hospital for more than 30 days without official grounds. When it is impossible to diagnose the subject within this period, the expert commission decides that the study needs to be extended. A copy of this conclusion is sent to the body that appointed the examination.

Type 4. Expertise in court

Expertise in court hearing is needed when the defendant is suspected of mental illness.

The forensic expert will have to review the case materials in advance, and his presence at the interrogation and in court is mandatory. There he will listen to testimony and ask questions.

After this, the expert must either make an opinion or send the subject to the expert to the hospital to clarify the diagnosis. The conclusion is provided in writing, but it is announced orally at the meeting, and then questions are answered.

This type of examination can be carried out by a separate expert or an expert commission.

Type 5. Correspondence examination

This examination is performed in the absence of the person if it is impossible to examine him for some reason.

Since such a cause may be death, this includes, among other things, a post-mortem examination. For example, an absentee posthumous examination is used to challenge the right of inheritance.

Watch the video on how to challenge a will.

Due to the absence of the person being examined, testimony from witnesses will be required to conduct the examination, medical documents, characteristics of the subject, as well as his personal manuscripts, letters and diaries (see also materials “” and “”). If necessary, the expert conducts a detailed interview with the relatives of the subject.

An absentee examination can determine the state of a person’s psyche at a certain period of time, for example, before committing an offense.

3. How to conduct a psychiatric examination - 5 simple steps

So, we have examined the types of forensic psychiatric examination.

Let's now look at the features of its implementation and analyze each stage in detail.

Step 1. Decide on questions for the expert

Before starting the examination, the expert needs to clearly understand what questions he must answer in the conclusion.

A list of questions for the expert is prepared in advance. After drawing up the conclusion, only clarifications and clarifications are possible.

Typically these questions are:

1. Is the person being examined capable?
2. In what state did he commit illegal actions?
3. In which mental state is the victim located?
4. What mental state is the witness in?
5. Does the subject have a history of abnormalities or psychotic episodes?
6. Is the expert sane?
7. Was the subject expert sane when making the transaction and signing the papers?
8. How did the incident affect the victim’s mental state, is it stable now?

It is the answers to questions asked will be included in the commission’s conclusion, and therefore it is very important to formulate them correctly. additional information you will find in the article "".

Step 2. Select an expert company

Forensic psychiatric examinations are carried out by state and non-governmental organizations. It is possible to choose an expert company yourself if the examination was appointed not at the initiative of the court, investigator, or prosecutor, but at the request of one of the parties to the hearing.

You need to understand that each participant in the case has the right to propose his candidacy as an expert, as stated in Article 82 of the Arbitration Procedure Code of the Russian Federation, and the number of candidates is not limited. The right to reject recommended candidates is not spelled out in this article, but follows from other articles of the administrative legal code of the Russian Federation.

The court is guided by the criteria of rationality, reasonableness, and economy. Therefore, when choosing a company, pay attention to its competence, experience in court, reputation and cost of services.

You can find out this information using simple search on the Internet, studying companies' websites and reviews about them, as well as several phone calls.

Step 4. Waiting for research to be carried out

The next stage will be the actual examination and waiting for the conclusion.

Although the inpatient examination lasts no more than 30 days, if after the end of this period a request to extend the inpatient examination was submitted, total term may increase to a maximum of 90 days.

Step 5. Getting a conclusion

The conclusion of the expert commission is formalized in an act. It consists of an introduction or introduction, information about the subject and his life, information about the disease, descriptions of the condition and a final part, which includes conclusions and justifications.

The presentation of the anamnesis in the conclusion is intended to clearly show the development of mental illness.

Identified disorders must be described and qualified. In addition to psychiatric terms, the conclusion must contain a description of the behavior and statements of the subject.

In the table below you will familiarize yourself with the scheme of forensic psychiatric decisions:

The diagnosis is formed according to the criteria of insanity.

4. Who conducts forensic psychiatric examinations - review of the TOP-3 expert companies

We have selected for you three reliable and reputable companies that are engaged in psychiatric expert activities.

1) Serbsky Center for Social and Forensic Psychiatry

The institution provides expertise for both civil and criminal proceedings. This year the Center celebrates its 95th anniversary. Over this considerable age, the institute has succeeded in conducting psychiatric examinations of any category of complexity.

The institute’s specialists carry out post-mortem, outpatient and complex examinations, full-time and correspondence examinations for both civil and criminal cases, including in the field of sexology and drug addiction, and provide psychiatric services for the examination of minors.

The Serbsky Center's expertise is trusted and respected in the courts Russian Federation. The institution has extensive experience in matters vocational training, scientific activity, treatment.

2) Alliance

The Alliance Mental Health Center deals with the problems of psychology, psychiatry, addiction medicine, neurology, sexology, neurophysiology, as well as sports psychology as a separate area. The company's team includes domestic and Western scientists, specialists with academic degrees.

You can also get a psychologist’s opinion from Alliance. The center provides advisory and medical assistance.

3) ANO "Fair Medicine"

Expert organization Just Medicine has been operating for over six years. The company deals exclusively with psychiatric examinations and examinations by decision of a court or investigation, at the request of citizens.

Based on a medical license, the company conducts correspondence and comprehensive psychiatric examinations, psychological and sexological examinations. If you want to know more about, then we have written an article on this topic for you.

5. How to save money on a psychiatric examination - 3 useful tips

I propose to figure out how you can save money on a psychiatric examination. At the same time, we will consider another aspect of this issue - how to save money is absolutely not necessary.

Consider the selection process expert company responsibly, and you will get high-quality results for reasonable money.

Tip 1: Choose an expert who has knowledge in many areas of psychiatry

When choosing an expert, the first thing you should pay attention to is education, qualifications and experience. A psychiatric examination cannot be carried out by a person who does not have the appropriate professional training.

If you choose an incompetent expert, you will have to redo the examination - order a repeat one from another specialist. In this case, you will have to pay for the examination twice.

Send your good work in the knowledge base is simple. Use the form below

Students, graduate students, young scientists who use the knowledge base in their studies and work will be very grateful to you.

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Psychiatric examination

Content

• Introduction
• 4. Expert opinion
• Conclusion

Introduction

Essential in forensic psychiatry given to a forensic psychiatric examination. In a general sense, examination is an examination of objects carried out on the basis of a resolution in order to resolve issues that arise during the investigation and consideration of a criminal or civil case. Carrying out forensic medical examination defined by a number of special articles of the Criminal, Criminal Procedure, Civil, Civil Procedure Code.

The law determines that an examination is mandatory:

1) to establish the causes of death and nature bodily harm;

2) to determine the mental state of the accused or suspect in cases where doubt arises about their sanity or ability to be aware of or control their actions at the time of initiation of a criminal case;

3) to determine mental or physical condition a witness or victim in cases where doubt arises about their ability to correctly perceive the circumstances that are important to the case and give correct testimony about them;

4) to establish the age of the accused, suspect and victim in cases where this is important for the case, and there are no documents on age.

The law talks about the obligation to appoint the following types forensics: forensic, forensic psychiatric, forensic psychological or due diligence with the involvement of relevant specialists: physician, psychologist, psychiatrist.

In this work, we will consider only one type of forensic examination, which includes forensic psychiatric examination. This examination is possible in both criminal and civil proceedings.

The purpose of this work is to identify the features of forensic psychiatric examination of exceptional conditions (insanity, incapacity).

1. Concept, types and significance of forensic psychiatric examination

A forensic psychiatric examination is understood as an examination of certain subjects by expert psychiatrists. trial(accused, defendants, witnesses, victims, plaintiffs, defendants), carried out in case of doubt about their mental fitness. The conclusion of expert psychiatrists is one of the evidence in criminal or civil case.

A forensic psychiatric examination in criminal proceedings is appointed to determine the mental state of the accused or suspect in cases where there are doubts about his sanity or ability at the time of consideration of the case to account for his actions or manage them, as well as to determine the mental state of the witness and the victim, if it is necessary to establish that they have the ability to adequately perceive the circumstances that are important to the case and give correct testimony about them. With the help of a forensic psychiatric examination, the need to use coercive measures medical nature to persons who have committed socially dangerous acts.

When determining the state of insanity, it is necessary to be guided by the formula of insanity given in Art. II of the Criminal Code of the Russian Federation: “A person who, during the commission of public dangerous act was in a state of insanity, i.e. could not be aware of his actions or control them due to chronic mental illness, temporary disorder of mental activity, dementia or other painful condition. Compulsory medical measures may be applied to such a person by court order. A person who has committed a crime in a state of sanity, but before the court renders a verdict, has fallen ill with a mental illness that interferes with his ability to be aware of his actions or to direct them is also not subject to criminal punishment. Compulsory medical measures may be applied to such a person by order of the court, and upon recovery he may be subject to punishment.”

If the mental health of the person who committed the crime is in doubt, then investigative authorities, the prosecutor's office or the court send him for a forensic psychiatric examination. Recognizing the patient as insane excludes his guilt in the crime, and the patient’s action is qualified not as a crime, but as socially dangerous act. Such patients, by court decision, are sent to compulsory treatment to psychiatric hospitals. When the patient recovers or his condition improves to such an extent that he ceases to be dangerous to society, the patient is examined special commission hospitals, and the conclusion is sent to the court. The court makes a decision to terminate compulsory treatment.

IN civil process a forensic psychiatric examination is appointed to establish the mental state of the person about whom the issue of his legal capacity is being decided, and to determine the mental state and ability of plaintiffs and defendants to understand the meaning of their actions or to manage them when making civil transactions.

Article 21 of the Civil Code of the Russian Federation defines legal capacity as “the ability of a citizen, through his actions, to acquire and implement civil rights, create for yourself civic duties and fulfill them."

The most essential elements of the content of the legal capacity of citizens are the ability to independently conclude transactions (transactional capacity) and the ability to bear independent property liability(tort). Civil Code as an element of a citizen’s legal capacity, he also identified the citizen’s ability to engage in entrepreneurial activity(Article 23 of the Civil Code).

The criteria for the incapacity of the mentally ill are determined by Article 15 of the Criminal Code of the Russian Federation: “A citizen who, due to mental illness or dementia, cannot understand the meaning of his actions or manage them, may be recognized by the court as incompetent in the manner established by the Civil Procedure Code of the Russian Federation. Guardianship is established over him. On behalf of a mentally ill or weak-minded person recognized as incompetent, transactions are carried out by his guardian.” The degree of mental changes and dementia is determined by a forensic psychiatric commission, and based on its conclusion, the court makes a decision. If the patient recovers or his condition significantly improves, the court recognizes the citizen as legally competent, guardianship is canceled and thereby all civil rights are restored.

Current forensic psychiatric practice indicates an increase in post-mortem forensic psychiatric examinations in civil cases.

A post-mortem forensic psychiatric examination in civil cases is ordered by the court in cases where the persons who committed a particular contested civil act are deceased. Usually these are disputes about inheritance, when doubt arises about the mental integrity of the testator; about gift agreements or marriages that result in property disputes between the heirs of the deceased. The procedure for appointing such an examination is carried out in accordance with the provisions of the civil and civil procedure codes. Moreover, in the Civil Code of the Russian Federation there is no concept of testamentary capacity, therefore the assessment of the mental state of the testator is carried out in relation to the provisions of Article 177 of the Civil Code of the Russian Federation as a unilateral transaction.

Post-mortem examination to resolve the issue of a person’s ability to understand the meaning of his actions or to manage them - a type of examination in which an analysis of past life events is carried out and the mental state of the person is determined at the time of the disputed civil act. Approaches to diagnosis during face-to-face and post-mortem examinations are identical. They consist of collecting information about the patient, analyzing this information and synthesizing the information obtained with determining the leading syndrome, the nosological essence of the disease and the severity of the psychopathological process. Already on this basis, the question of a person’s possibility during life (at the time of compilation) is resolved. testamentary disposition, gift agreement, transaction or marriage) correctly understand the meaning of their actions or manage them.

Exist the following types forensic psychiatric examinations: outpatient, inpatient, examination in court and in the investigator’s office. In cases of impossibility psychiatric examination of a person, due to his absence or death, an absentee, posthumous forensic psychiatric examination may be assigned based on the materials of a criminal or civil case.

An outpatient examination usually consists of a one-time examination. Outpatient examinations are carried out by specialized expert commissions organized at psychoneurological institutions (hospitals or dispensaries). To conduct inpatient examinations, forensic psychiatric departments (wards) are organized in psychiatric hospitals. In this case, all clinical and clinical forms and methods accepted in psychiatry are used. laboratory research, and, if necessary, treatment. The period of inpatient examination should not exceed 30 days. If it is impossible to make a final conclusion about the mental state of the subject in specified period the expert commission gives an opinion on the need to extend the period of inpatient examination.

As a rule, experts are called to a court hearing after they have carried out an outpatient or inpatient examination to clarify unclear provisions, additional questions that have arisen, or when experts have divergent opinions. At a court hearing, a forensic psychiatric examination can be carried out by a single expert psychiatrist or by a commission consisting of several psychiatrists called by the court.

2. Grounds and reasons for ordering a forensic psychiatric examination

According to the Federal Law on State forensic activity In Russian federation legal basis state forensic activity are the Constitution of the Russian Federation (primarily Articles 21, 22), this law, Code of Criminal Procedure (Articles 195-207, 283), Civil Procedure Code (Articles 79-80, 82-87), as well as others federal laws, various regulatory legal acts federal bodies executive power regulating the organization and production of examinations. This provision, of course, fully applies to forensic psychiatric examination.

In a specific case - no matter what area of ​​​​legal relations it relates to - the grounds for conducting any examination, including, of course, forensic psychiatric, are: a court ruling, decisions of a judge, the person conducting the inquiry, an investigator or a prosecutor, made in accordance with one or another rule of law.

The grounds should not be confused with the reasons for prescribing an SPE, which can be any factual circumstances relevant to the case and requiring appropriate psychiatric analysis. The reason for the appointment of an SPE may also be any doubts that an investigator or judge has regarding the mental state of certain participants in criminal, civil or administrative proceedings.

Thus, during the investigation of a number of crimes, situations arise when, despite a seemingly comprehensive study of all the circumstances of the case, it is nevertheless not possible to completely reveal the mechanism crime committed, install driving forces, pushed a person onto illegal behavior, explain the apparently incomprehensible behavior of the injured party.

In these and similar cases, the assumption arises that the subject was in some unusual mental state, since he did not act quite as one would expect, committed actions that clearly did not correspond to the requirements of the situation and his interests, and explainable from the point of view of common sense.

Naturally, the law cannot provide for all the variety of emotional and mental manifestations that significantly influence the behavior of the accused (defendants), victims, witnesses, and various participants in civil disputes.

In this case, it is possible that the person committed certain actions, which were mentioned above, being insane or other psychological criteria of his behavior are possible. Which, in general, may be the basis for prescribing a comprehensive psychological and psychiatric examination. Thus, the legislator introduced a number of fundamental concepts filled with quite specific psychological content. In particular, the new criminal law contains a broader and, from a psychological point of view, more specific list of mental phenomena that have criminal legal significance(mental) disorders that do not exclude sanity, mental coercion, affect, traumatic situation, mental suffering, etc.). Individual signs of the phenomena mentioned above, identified during the interrogation of witnesses, victims, and defendants, which influenced the behavior of these persons, can be considered as a reason for ordering a psychiatric, psychological or comprehensive psychological-psychiatric examination.

3. The procedure for conducting a forensic psychiatric examination of exceptional conditions

The procedure for conducting a forensic psychiatric examination is regulated by criminal procedural and civil procedural legislation, as well as special instructions on the conduct of a forensic psychiatric examination.

Let us note that forensic psychological examination is a special case of forensic activity, which the Law of the Russian Federation “On Forensic Examination” defines as “a system of actions carried out in the legal process in order to establish the circumstances of specific case", and forensic examination - as "a procedural action aimed at establishing the circumstances of the case and consisting in conducting research based on special knowledge in science, technology, art or craft and giving an opinion by an experienced person on behalf of the authorities preliminary investigation or court."

A forensic psychiatric expert can be a psychiatrist. A forensic psychiatric examination is carried out by expert psychiatrists of medical institutions or psychiatrists appointed by the person conducting the inquiry, the investigator, the prosecutor or the court. To conduct this examination, forensic psychiatric expert commissions (FPEC) are organized at psychoneurological institutions.

The rights and obligations of an expert are determined by procedural law. It should be taken into account that any forensic expert, including a psychiatrist-expert, participates in the study of the circumstances of the case only within the framework of his competence. Moreover, since a psychiatric examination concerns, first of all, the assessment of the personality and behavior of the accused, suspects, victims, etc., the psychiatrist-expert must thoroughly study the materials of the criminal or civil case.

Psychiatrists conducting a forensic psychiatric examination in exceptional conditions have the right to familiarize themselves with the case materials related to the subject of the examination and to apply for the provision of additional materials necessary to give an opinion, to be present during interrogations and other investigative actions and to ask the interrogated questions related to the subject of the examination.

The principles of appointing and conducting an examination are common to other types of examinations. However, the law specifically provides mandatory forensic psychiatric examination in cases where doubts arise about the sanity or ability to be aware of one’s actions or to control them in cases of doubt about the ability to correctly perceive the circumstances relevant to the case and give correct testimony about them to victims and witnesses.

An expert psychiatrist is obliged to conduct a complete comprehensive examination of a patient referred for examination. Moreover, they must be used modern methods approved studies. The examination should not cause pain. The patient should be warned about possible consequences and complications with various types examinations. The result of this work is the preparation of an objective and substantiated expert opinion, which is required to be given by a psychiatrist-expert.

A psychiatrist-expert is also obliged to refuse to conduct an examination in cases of violation of the procedural procedure for ordering an examination, which makes it difficult or impossible to conduct it; when an investigator or court asks an expert questions that go beyond the scope of special knowledge; as well as if the case materials are insufficient for a conclusion, if there is a refusal to supplement them or it is impossible to do so. In such cases, the expert is obliged to writing motivated to inform the body that appointed the examination of the impossibility of giving an expert opinion. In forensic psychiatric practice similar situations most often arise due to incompleteness of the case materials and poor preparation for the appointment of an examination.

The expert is obliged, if available provided by law reasons for disqualifying yourself as an expert, inform the body or person who appointed the examination about this. In this case, the decision to challenge an expert is made by the person who conducted the inquiry, the investigator or the prosecutor, and in court - by the court hearing the case. There are many reasons for disqualifying an expert: if he was this case victim, witness or civil plaintiff, as well as a relative of the accused or victim, etc.; if he is directly or indirectly interested in the outcome of the case; if he is in official or other dependence on the accused, victim, etc.; finally, in case of his professional incompetence. The law emphasizes that his previous participation as an expert in this case is not a basis for recusal.

The expert is obliged to appear when summoned by the person conducting the investigation and the court. He has no right to disclose information that has become known to him in connection with the examination, or to refuse to conduct it without sufficient grounds, as well as giving a knowingly false conclusion. Violation of these duties entails criminal liability (Articles 307, 310 of the Criminal Code of the Russian Federation). The new criminal code also provides for punishment for persons who force experts to give a false opinion or bribe them (Article 309 of the Criminal Code), as well as investigators and persons conducting inquiries are subject to criminal punishment in cases where they force experts to give an opinion (Article 309 of the Criminal Code). 302 CC).

In addition to the rights noted above, an expert may be present, with the permission of the persons or body that appointed the examination, during investigative and legal actions, if necessary to obtain data related to the subject of the examination, participate in the study of case materials at the stage judicial trial; apply for a comprehensive examination if it is necessary to examine the subject of examination by specialists various industries Sciences. In forensic psychiatric practice, the latter occurs quite often when there is a need to examine a patient jointly by a psychiatrist and a psychologist or a psychiatrist and a sex therapist.

4. Expert opinion

The results of this examination are formalized in the form of an act (conclusion), which is signed by all experts who conducted the study. In the event of a difference of opinion between experts, each of them draws up an independent conclusion (act) justifying their point of view.

In cases where, during the examination, the expert establishes circumstances that are significant for the case, but about which questions were not put to him, he has the right to indicate them in his conclusion.

The investigator's resolution or court ruling must correctly formulate the expert task. This goal is achieved through questions that are subject to expert resolution. Questions should be asked clearly, without allowing for ambiguous interpretation. They must also comply with the law and not go beyond the competence of the forensic psychiatric examination.

Due to the fact that the subject of a forensic psychiatric examination is to establish the presence or absence of a mental disorder in a person referred for examination, the first question, the answer to which essentially determines all other questions, should concern specifically the determination of the mental health or illness of this person.

The formulation of this question is most successful in this form: did you suffer? this person in the past and whether he currently suffers from any mental disorder; if he suffers, then in what way?

The answer to this question requires an indication of a psychiatric diagnosis. The significance of the diagnosis is determined by the fact that there are no abstract mental disorders; each of them has a nosological or syndromic characteristic. The remaining questions directly depend on the procedural position of the person to whom a forensic psychiatric examination is assigned.

The main questions that are raised in civil proceedings come down to clarifying the legal capacity and incapacity and the need of a person to establish guardianship over him, as well as resolving the issue of the mental state of the person at the time he made a particular transaction. However, other questions may be asked for each specific case.

The expert's conclusion is documented in an act of forensic psychiatric examination. The principles of drawing up the act and its form are set out in special methodological guidelines and Instructions for conducting a forensic psychiatric examination.

The examination report consists of an introduction, an anamnestic part (information about the life of the subject, data on past diseases, their course), somatic and neurological condition, a description of the mental state and the final part (substantiation of the diagnosis and expert solution).

The assessment of the examination report and expert decision belongs to the body that appointed the examination. Additional and repeated examinations are carried out in accordance with the Instructions on the conduct of forensic psychiatric examinations.

An expert opinion is not mandatory for judicial investigative authorities, however, disagreement with expert conclusions must be motivated.

forensic psychiatric examination expert

Conclusion

So, based on the above, we found out that in general the examination represents an independent law school, covering the concepts of an expert as an individual carrying out the process of expert research and the concept of examination as an action of an expert, and expert opinions are an independent species evidence on court cases. The conclusion of experts is the result of their activities in a court case.

Forensic psychiatric examination is aimed at applying knowledge in the field of psychiatry and psychology to resolve issues arising in practical activities bodies of inquiry, investigation and court based on general provisions laws and codes. With regard to forensic examination, all-Union instructions, rules and guidelines on the conduct of forensic psychiatric examinations have been developed and put into effect.

As such, a forensic psychiatric examination aims to determine the mental state of the subject in relation to various judicial matters about sanity, legal capacity, the possibility of serving a sentence, as well as the application of certain measures in relation to the insane.

We also found out that in practice, there are situations when it is necessary to determine the mental state of a person. A comprehensive psychological and psychiatric examination is required.

Bibliography

1. Civil process: Textbook for universities. Rep. ed. prof. Osipov Yu.K. - M.: BEK Publishing House, 2002.

2. Komissarov K. Features of initiating cases to recognize a citizen as incompetent or partially capable // Russian justice. 2000 № 4.

3. Nechaeva A.M. On legal capacity and capacity individuals// State and Law 2001 No. 2

4. Problems of Sanity in Forensic Psychiatry, ed. G.V. Morozova, M., 1993

5. Forensic psychiatry. Textbook. / Ed. prof. Shostakovich B.V. - M.: "Mirror", 1997

6. Bezlepkin B.T. Criminal proceedings in Russia. - M.: LLC "TK Velby", 2003.

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The conclusion of psychiatric experts is one of the evidence in criminal and civil cases. Procedural legislation mentions in the list of evidence “expert opinion” (part 2 of article 69 of the Code of Criminal Procedure) and “expert opinions” (part 2 of article 49 of the Code of Civil Procedure).

In forensic psychiatry, a document drawn up by psychiatrist experts is usually called an “act of forensic psychiatric examination,” while a “conclusion” is the conclusions reached by experts as a result of the study. For example, an expert’s conclusion about the inability of the subject to understand the meaning of his actions and manage them. The conclusion of a psychiatrist expert is often called a document drawn up based on the results of a single-person examination (in court, in the investigator’s office). Strictly speaking, the “report of a forensic psychiatric examination” and the “conclusion of an expert psychiatrist (psychiatric experts)” are completely identical documents*.

* This terminological discrepancy is explained by the fact that in the USSR procedural codes Some union republics contained the title “expert conclusion”, while others contained the title “expertise certificate”. The all-Union instructions on the conduct of forensic psychiatric examinations adopted the second name.

Classifying an expert opinion as evidence in a criminal and civil case determines the requirements that apply to it procedural law(Article 191 of the Code of Criminal Procedure and Article 77 of the Civil Procedure Code). An expert opinion usually has three parts: introductory, exploratory and final. Since forensic psychiatric examination has considerable specificity, departmental guidelines for drawing up an act (conclusion) of a forensic psychiatric examination provide not three, but five of its parts: introduction; information about the subject’s past life (history; description of the physical, neurological and mental state of the subject; motivational part; final part).

In the introductory part you must indicate: the name of the document, its number and date of preparation; form (method of conducting) the examination - outpatient, inpatient, correspondence, etc.; last name, first name, patronymic of the subject and year of birth; article(s) of the Criminal Code under which the subject is accused with a brief description of the act or acts charged to him (for the suspect, accused, defendant) or brief description case within the framework of which an examination has been appointed (for subjects occupying other positions procedural position); Name medical institution or other place where the examination was carried out; information about the expert (experts) - position, medical category, as well as academic degree or academic title, if any; who, when and in connection with what appointed the examination; information about the persons present during its production; questions posed to experts.

If the wording of the question is not clear to the experts, they must submit a petition to the body that appointed the examination, asking for the necessary clarification. If the request is not satisfied, experts have the right not to answer such a question. If the wording of the question does not correspond to the provisions of modern psychiatric science, but experts do not doubt its content, then the answer is formulated in accordance with the provisions of modern psychiatry.

The anamnesis reflects significant data from the point of view of a psychiatrist-expert about the subject’s past life - his pathological heredity ( mental illness parents and other close relatives), features of the formation of his personality, past illnesses, the most significant in the forensic psychiatric aspect biographical information. Features of the subject's behavior and his relationships with other people, as well as his past offenses, are noted that are of interest to the psychiatrist.

If the subject was observed by a psychiatrist for a mental disorder, then it is necessary to provide detailed information about this disorder, its social and legal consequences, medical measures used (diagnosis, types of care provided psychiatric care, treatment provided, determination of disability, referral for a forensic psychiatric examination in another case, recognition as insane or incompetent, application of compulsory medical measures, etc.).

Experts must indicate the source of all anamnestic data they provide in the report. For example, information is taken from the words of the subject (the so-called subjective history), drawn from interrogation reports, medical or other documents included in the case file. In this case, an exact link to a specific source is required. So, when referring to witness's testimonies the name of the witness and the sheets of the criminal case with the protocol of his interrogation are indicated.

The third section (description of the physical, neurological and mental state), often referred to as “status” for brevity, describes the external examination data, condition internal organs, signs of damage to the central nervous system, provides the results of laboratory tests and other data characterizing the somatic and neurological conditions of the person being examined and indicating the presence or absence of pathological changes in this area.

The description of the mental state of the subject during the examination (mental status) is usually considered as the central part of the act and includes data on the orientation of the subject in place, time, surroundings, self, its accessibility to contacts, understanding of the purposes of referral for examination. It also reflects all the somewhat significant features of the subject’s behavior (actions, statements, facial reactions, etc.), by which one can judge the state of his psyche - perception, thinking, memory, emotional-volitional sphere. The attitude of the subject to the act accused of him (for the accused) or to others is noted legal actions, which is the subject of consideration in the case.

Particular attention is paid to the identified signs of mental disorder. They must be recorded in detail and clearly and at the same time be descriptive and not evaluative. Medical qualifications and assessments are given in subsequent parts of the act. Detailed description require demonstration of simulation if they are discovered during an expert study.

The motivational and final parts of the act* consist of conclusions containing answers to the questions posed to the experts and the rationale for these conclusions. Here are the conclusions formulated by the experts in the order of their exercise of the right of expert initiative (see 5.3 of this chapter). If a mental disorder is detected in the subject, a detailed medical diagnosis is first given and only then a forensic psychiatric assessment is given.

* In the current guidelines for drawing up an expert opinion, adopted by the USSR Ministry of Health on August 21, 1981 (“Procedure for filling out medical documentation in forensic psychiatry"), the motivational part of the act as its independent structural element absent. But it is available in earlier guidelines published in the appendix to the Instructions on the conduct of forensic psychiatric examinations in the USSR in 1970. These guidelines are still used by many experts.

Message from members of the outpatient expert commission about the impossibility of answering the questions posed in outpatient setting and the need to conduct an inpatient examination is also documented in an act of forensic psychiatric examination. It consists of the same parts as an ordinary act (conclusion). Only in its last part, instead of answering questions, the rationale for the decision made by the experts is given.

The expert opinion should be written in a language understandable to persons who do not have psychiatric knowledge, and special terminology should be explained whenever possible (for example, tremor - trembling, phobias - obsessive fears and fears).

The act (conclusion) is signed by all experts who conducted the examination and is certified by the seal of the medical institution in which it was carried out. The conclusion drawn up in the investigator’s office is signed by the expert (experts) and attached to the case file by the investigator. During an examination at a court hearing, the expert reads out a written conclusion signed by him, which is attached to the case by the court.

If all the questions posed go beyond the specialist knowledge of the experts or the materials provided to them are insufficient, then the experts draw up a written message about the impossibility of giving an expert opinion. It indicates: by whom and when the examination was appointed, to whom it was entrusted, what questions were raised and the reasons are given for which the decision of all expert questions turned out to be impossible. If experts can give answers to some questions, but not to others, then an expert opinion (expertise report) is given, where, along with the expert conclusions, it is explained in detail why it is impossible to answer some of the questions. Experts do not have the right to leave any of the questions posed unanswered without explaining the reasons for this.

The conclusion of psychiatric experts, like any evidence, is subject to evaluation by the inquirer, investigator, prosecutor, and court (Article 71 of the Code of Criminal Procedure; Article 56 of the Code of Civil Procedure). When assessing an expert opinion, it is analyzed internal structure, as well as the consistency of its conclusions with other evidence collected in this case. When assessing the expert opinion, the investigator (court) is obliged to: 1) verify compliance with the procedural and legal order of preparation, appointment and conduct of the examination; 2) check whether the scientific qualifications of the experts are sufficient to answer the questions posed, and whether the experts have not gone beyond the limits of their specialized knowledge; 3) make sure that the expert research and expert opinion are complete; 4) evaluate the scientific validity of expert research methods and expert conclusions; 5) evaluate the evidence contained in the conclusion from the point of view of its relevance, admissibility* and place in the system of other evidence.

* Relevance is a property of evidence that expresses its objective connection with the circumstances to be established in the case. Determining the relevance of evidence means answering the question of whether certain circumstances are relevant to the case under consideration, and if so, whether they can be established through this particular evidence. Admissibility is the suitability of evidence from the point of view of the legality of the sources and methods of obtaining data that are established with its help. Obtaining evidence through illegal means is unacceptable.

Having assessed the expert opinion, the investigator (court) either recognizes its conclusions as complete and reliable, and established by experts forms the basis for decisions made, or orders a new examination.

In cases where there are several expert reports in a case containing different conclusions on the same issues, the investigator, prosecutor, or court should evaluate each of them in conjunction with other evidence. The court in a verdict or other decision (for example, in a ruling declaring a citizen insane and releasing him from criminal liability) must give the reasons why he agreed with one of the conclusions and rejected others (clause 6 of the Plenum resolution Supreme Court RF "O court verdict" dated April 29, 1996 No. 1).

In a number of cases, questioning an expert helps to evaluate an expert opinion, as well as eliminate doubts arising during its assessment (Articles 192, 289 of the Code of Criminal Procedure; Article 180 of the Code of Civil Procedure). With the help of interrogation, you can supplement the expert opinion, provided that this does not require additional research from the expert (otherwise it is necessary additional examination). As already mentioned, the questioning of an expert should be limited to the subject of the expert’s research. Appointed based on assessment results new examination may, depending on its grounds, be additional or repeated. Some investigators and judges re-examination practice asking experts about the validity or correctness of the conclusions of the previous examination. However, it is not within the competence of experts. It can be answered only by assessing not only the subject-specific side of the previous conclusion, but also the entire body of available evidence. Hence, issues of validity, correctness, and reliability of expert conclusions are authorized to be resolved exclusively by the persons in charge of the case.

The conclusion of the expert forensic psychiatric commission is documented in the “Act of Forensic Psychiatric Examination”; its structure and principle of compilation are regulated by Art. 191 of the Code of Criminal Procedure “Content of the expert’s opinion”, Order of the Ministry of Health No. 1030 of 04.10.80 “On approval of forms of primary medical documentation of healthcare institutions” and appendices to the order.

The “Forensic Psychiatric Examination Report” is one of the sources of evidence in the case. The factual data provided must be as accurate as possible and accompanied by an indication of where they were obtained from (from the case materials, from the words of the subject, from medical documentation). The contents of the act should be clear not only to psychiatrists, but also to forensic investigators. It contains not only conclusions about the diagnosis and forensic psychiatric assessment, but also the rationale for these conclusions, arising from data on the mental state in the past and during the examination period.

The “Forensic Psychiatric Examination Report” consists of an introduction, information about the subject’s past life, a history of the present illness (anamnesis), a description of the physical, neurological and psychological state, conclusions and their justification (motivational and final parts of the report).

The introduction indicates: the date of drawing up the act, the composition of the commission, the place where the examination was carried out, the name, patronymic, surname, and age of the subject, what he is accused of (article of the Criminal Code of the Russian Federation and a brief essence of the charge, for example, “of committing hooligan actions in a state of intoxication", "pickpocketing", etc.). If a medical examination was carried out on a convicted person, then the article of the Criminal Code of the Russian Federation under which the person was convicted, and the date from which the sentence is calculated. In the examination report of the witness, the victim, and Also, the plaintiff or defendant in civil proceedings indicates the procedural position of the person being examined (for example, “is a victim in a rape case”).

The introduction must indicate by whom the subject was sent for examination, in connection with what circumstances doubt arose about mental fitness and whether the examination was ordered.

Information about the past (in the anamnestic part of the act) provides brief data on pathological heredity, if any, mental and physical development, about the progress of studies from childhood and about illnesses suffered, about character traits.

Disability must be noted, if established. competent authorities, and necessary information about working life and behavior.

The development of mental illness (if any) should be consistently covered, the time of placement and stay in psychiatric hospitals, stay on dispensary observation, diagnoses established in psychiatric institutions are given. When presenting the data provided, you should indicate where such information was obtained from.

Following the history, a summary of physical, neurological and mental status is provided, including laboratory results.

The motivational part of the act provides an analysis of clinical facts. This substantiates the diagnosis of the disease, the severity (depth) of mental disorders and, accordingly, the conclusion about sanity or insanity. If the person is sane, the justification for this must be provided in the motivational part of the act.

The final part of the act contains the answer to the main question about sanity (in a civil case - about legal capacity), and to all other questions posed to the experts. If there is a mental illness, the medical measures recommended by experts are indicated, and how the court should treat the testimony of these persons (self-incrimination of depressed patients). The conclusion of forensic psychiatrists, like all experts in general, is not binding on the court and investigators who ordered the examination. However, disagreement with expert opinion must be motivated (Article 80 of the Code of Criminal Procedure “Expert Conclusion”).

Therefore, the expert opinion is subject to evaluation by the investigative authorities and the court, which analyze the forensic psychiatric act for its informativeness, as well as the completeness and reliability of the facts stated in it.

If the expert opinion on certain issues is insufficiently clear or incomplete, it is possible to interrogate the experts who gave the opinion (Article 192 of the Criminal Procedure Code “Interrogation of an expert”).

According to Article 81 of the Code of Criminal Procedure “Additional and repeated examination”, it is also possible to appoint an additional examination, which can be entrusted to the same or other experts.

Significant doubts about the expert opinion, especially regarding the main issues (primarily sanity), require a re-examination, which is carried out by a commission of experts in a new composition.

In accordance with the Instructions on the conduct of forensic psychiatric examinations in special difficult cases The re-examination is entrusted to the State Scientific Center for Social and Forensic Psychiatry named after. V.P. Serbian. At the same time, the center’s management can involve highly qualified specialists from other psychiatric institutions in the expert commission.

Forensic psychiatric examination belongs to the category of examinations appointed and carried out according to the rules established by the Code of Criminal Procedure and the Code of Civil Procedure, the Instructions of the USSR Ministry of Health on conducting forensic psychiatric examinations of 1970. It is a special case of forensic activity and implies a study in the field of psychiatry by a person (psychiatrist-expert) of accused, suspects, witnesses, victims in criminal proceedings, plaintiffs and defendants in civil proceedings in order to determine their mental state during the period of interest to the investigative body or trial in any legal situation.

The principles of prescribing and conducting a forensic psychiatric examination are common to other types of examinations. However, the law (Article 79 of the Code of Criminal Procedure “Mandatory examination”) provides for the mandatory conduct of this examination in the following cases:

Determining the mental state and giving an opinion on the sanity or insanity of suspects, accused, defendants in relation to whom the bodies of inquiry, investigation and court have doubts about their mental health, as well as a conclusion on the need to apply medical measures in relation to persons declared insane at the time of the commission of the offense or who became ill with mental illness after the commission of the crime;

Determination of the mental state of witnesses and victims and a conclusion about the ability of the person being examined to correctly perceive the circumstances relevant to the case, in cases where the investigative and court authorities have doubts about the mental integrity of these persons;

Determination of the mental state of plaintiffs, defendants, as well as persons in respect of whom the issue of their legal capacity is being decided (CCP).