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How sick is the defendant? Forensic and emergency medical aspects at trial
1University Medical Centre Charité - University of Berlin, Institute of Legal Medicine and Forensic Sciences, Turmstrasse 21, Berlin, Germany. claas.buschmann@charite.de
Abstract:
The evaluation of a defendant's ability to stand trial is a core task in the field of legal medicine as a supportive instrument of jurisprudence. Before the trial, the court-appointed expert informs him-/herself regarding existing somatic and psychological illness(-es) within the context of preparing an expert evaluation, then composing the written expert evaluation, which reflects the condition of the subject at the time of the examination and arrives at an assessment of the ability to stand trial. The decompensation or aggravation of illnesses - in particular in stressful situations, as is to be expected for the defendant in the courtroom - can thus be taken into consideration such that alongside the current evaluation of the defendant's health condition, emergency medical treatment may also become necessary in court at times. We present three case reports about forensic and emergency medical aspects at trial, considering how the forensic expert can be able to meet the subsequent challenges.
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