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The Assessment of a Mental State and Expert-Psychiatrist in Criminal Proceedings

Publikace na Právnická fakulta |
2018

Tento text není v aktuálním jazyce dostupný. Zobrazuje se verze "en".Abstrakt

The chapter discusses the role of a psychiatrist as an expert witness in the criminal procedure and describes the expert psychiatric assessment of the defendant. The trial judge's own opinion about the defendant's mental state is no substitute for the expert testimony in forensic psychiatry.

At the same time, however, the judge must not blindly accept a psychiatric expertise without a critical evaluation. The article further focuses on criteria of relevance and plausibility of a forensic expert opinion.

It examines various pitfalls of the psychiatric interview from the viewpoint of the procedural rights of the defendant. It also describes methodological requirements for a written expert report in forensic psychiatry.

Among several other questions due attention is given to the problem of the specializations of a forensic expert witness and to his trial testimony.