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    Forensic psychiattic examination: features o f appointment and conduct
    (2024) Kyzmenko, Oksana
    The article is devoted to the specifics of the appointment and conduct of a forensic psychiatric examination. It has been established that sanity, as well as a person's age, are prerequisites for criminal responsibility, which is preceded by one's own conscious volitional choice, which also includes understanding the social significance of criminal actions or inaction and predicting their consequences. Sanity, along with guilt and responsibility, is the central methodological category of criminal law from the point of view of its fundamental importance for the obser\>ance o f human rights and freedoms. That is why it is really important for the investigator, prosecutor and judge to understand the concepts of sanity, lack of sanity and limited sanity in order to accurately resolve the issue of finding a person guilty. It is noted that the legislation of Ukraine does not establish the concept of a person's mental state, nor does it contain even an approximate list o f criteria that are necessary to assess their significance. And therefore, in the absence of a single definition o f the concept of mental state and its criteria, the investigator and prosecutor decides on the issue of the sanity / lack of sanity of a person, as well as the further procedure for carrying out criminal proceedings, based on the conclusion of a psychiatric examination, which is appointed after establishing the fact of the commission of a criminal offense by this or that person. It was concluded that taking into account the norms o f criminal and criminal procedural legislation, court practice in relevant proceedings and analysis of legal literature, it is possible to distinguish the following categories o f factual grounds and circumstances that indicate the expediency of conducting a forensic psychiatric examination, namely: 1) information, which indicate that the person was previously or is currently under the supervision of a psychiatrist; the person was hospitalized and treated in a psychiatric hospital, was recognized as unfit for militant service due to a mental illness: the person was previously found to be insane or was being treated in a relevant institution: 2) information that testifies to certain features of a person's behavior and may indicate the presence o f a mental illness or disorder of mental activity; 3) information obtained from the requests submitted by the participants in the proceedings, about the need for a forensic psychiatric examination: 4) information that proves the motiveless nature of the offense committed or its commission with particidar brutality, which is not characteristic of a person with a "healthy" psyche.