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[THE LEGAL STATUS OF A PSYCHIATRIC EXPERT DURING A FORENSIC PSYCHIATRIC EXPERTISE]
O Kravchuk1, V Nalutsyshyn1, M Balan2
11Leonid Yuzkov Khmelnytskyi University of Management and Law; Ukraine.
Georgian Medical News
|November 8, 2021
Summary
This study examines mandatory psychiatrist participation in forensic psychiatric examinations in Ukraine and Georgia. It finds legal frameworks need improvement for better health rights protection during examinations.
Area of Science:
- Forensic Psychiatry
- Legal Medicine
- Comparative Law
Background:
- The right to health is constitutionally protected in Ukraine and Georgia, reinforced by international law.
- Current legislation in Ukraine and Georgia lacks clarity regarding psychiatrist involvement in forensic psychiatric examinations.
- Existing procedural norms present imperfections in terms, methods, and implementation.
Purpose of the Study:
- To assess the feasibility and necessity of mandatory psychiatrist participation in forensic psychiatric examinations.
- To identify improvements for Ukrainian and Georgian criminal law in legal and medical spheres.
- To analyze the Criminal Procedure Code of Ukraine and Georgia concerning forensic psychiatric evaluations.
Main Methods:
- Comparative legal analysis of criminal procedure codes in Ukraine and Georgia.
- Examination of international legal acts related to health rights.
- Review of methodological recommendations for expert psychiatrist involvement.
Main Results:
- Both countries' criminal procedure codes share similarities in requirements for psychiatrist participation.
- A significant issue is the absence of a clear procedure for psychiatrist involvement in judicial and investigative actions.
- Legal and medical norms require refinement to ensure comprehensive protection of health rights.
Conclusions:
- Amendments to Ukrainian and Georgian criminal procedural legislation are necessary.
- Clearer definitions and terms regarding psychiatrist participation are crucial.
- Updated legislation will guarantee health rights and align with international standards.
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