Forensic Psychiatric Examination: General Theoretical Issues

Abstract

The article outlines the issue of appointing and conducting a forensic examination in Ukraine, specifically focusing on forensic psychiatric examination. It presents the key concepts and terms related to forensic psychiatric examination, along with its tasks, types, procedures, and significance for the judicial process. The conclusion drawn is that expert conclusions constitute a vital form of evidence in court proceedings, enabling the determination of case circumstances that may not be established through any other means. The current state of appointment and conduct of forensic psychiatric examinations in Ukraine has been analyzed, existing problems have been identified and ways of solving them have been considered. It has been established that the main problem in appointing and conducting a forensic psychiatric examination is that it is a complex and multifaceted type of forensic examination, which requires highly qualified and experienced forensic experts, but currently, there is a shortage of qualified psychiatric experts. This might result in a forensic examination being conducted improperly or with infringements. The paper specifies the need for advanced training and acquisition of experience by forensic experts conducting forensic psychiatric examinations to ensure conclusions’ objectivity. The author concludes that forensic psychiatric examination requires the forensic expert to possess high professionalism, objectivity, independence, honesty, responsibility, competence, and tactfulness. The article highlights the main concepts and terms associated with the appointment and conduct of a forensic psychiatric examination; describes the procedure for conducting a forensic psychiatric examination; reveals the importance of a forensic psychiatric examination for the judicial process; analyzes the current state of appointment and conduct of a forensic psychiatric examination in Ukraine; identifies the main problems associated with the appointment of a forensic psychiatric examination; considers possible recommendations for solving these problems. The author also draws attention to the importance of observing the rights and freedoms of persons who are the subject of forensic psychiatric examination.