RESOLUTION OF PUBLIC SERVICE OF MEDICAL JUDICIAL EXAMINATIONS OF THE REPUBLIC OF BELARUS

of September 17, 2012 No. 1

About approval of regulatory legal acts concerning conducting forensic-psychiatric and judicial and psychological examinations

List of amending documents

Based on subitem 5.1 of Item 5 of the Regulations on Public service of medical judicial examinations approved by the Presidential decree of the Republic of Belarus of December 29, 2001 No. 808, Public service of medical judicial examinations DECIDES:

1. Approve enclosed:

The instruction about carrying out forensic-psychiatric and complex judicial psikhologo-psychiatric examinations in the Republic of Belarus;

The instruction about conducting judicial and psychological examination in the Republic of Belarus;

Rules of carrying out forensic-psychiatric and complex judicial psikhologopsikhiatrichesky examinations in the Republic of Belarus;

Rules of conducting judicial and psychological examination in the Republic of Belarus;

Rules of carrying out judicial kliniko-psychological research in the Republic of Belarus;

Rules of carrying out forensic-psychiatric and complex judicial psikhologo-psychiatric examinations on materials and cases in the Republic of Belarus.

2. This resolution becomes effective from the date of its signing.

 

Approved by the Resolution of Public service of medical judicial examinations of September 17, 2012 No. 1

The instruction about carrying out forensic-psychiatric and complex judicial psikhologopsikhiatrichesky examinations in the Republic of Belarus

CHAPTER 1 GENERAL PROVISIONS

1. The instruction about carrying out forensic-psychiatric and complex judicial psikhologo-psychiatric examinations in the Republic of Belarus is developed based on the Regulations on Public service of medical judicial examinations approved by the Presidential decree of the Republic of Belarus of December 29, 2001 No. 808 (The national register of legal acts of the Republic of Belarus, 2002, to No. 4, 1/3364), it is directed to practical realization of accomplishment by Public service of medical judicial examinations (further - Service) functions of state regulation in the field of the organization and conducting medical judicial examinations in the Republic of Belarus and according to requirements of the procedural legislation determines procedure and the organization of carrying out forensic-psychiatric and complex judicial psikhologopsikhiatrichesky examinations in the Republic of Belarus.

2. The legal basis of activities for carrying out forensic-psychiatric and complex judicial psikhologo-psychiatric examinations is constituted by the Constitution of the Republic of Belarus, the Criminal code of the Republic of Belarus, Criminally Procedure Code of the Republic of Belarus, the Civil code of the Republic of Belarus, the Code of civil procedure of the Republic of Belarus, the Code of the Republic of Belarus about administrative offenses, the Procedural and executive code of the Republic of Belarus about administrative offenses, the Law of the Republic of Belarus of June 18, 1993 "About health care" (Vyarkho¸naga Savet's Vedamasts_ of Respubl_k_ Belarus, 1993, No. 24, Art. 290; National register of legal acts of the Republic of Belarus, 2002, No. 10, 2/840), this Instruction and other regulatory legal acts of the Republic of Belarus.

3. For the purposes of this Instruction the terms and concepts determined by the procedural legislation and also the terms and concepts having the following values are used:

out-patient examination - the legal proceeding consisting, as a rule, of carrying out single research of somatonevrologichesky and mental condition of person which is not placed in expert hospital and making the expert opinion on the questions raised by body (person) who appointed examination;

the state medical judicial expert-psychiatrist (further - экспертпсихиатр) - the person who is not interested in the outcome of the case and having special knowledge in the field of forensic psychiatry to whom carrying out forensic-psychiatric and complex judicial psikhologopsikhiatrichesky examinations in accordance with the established procedure is entrusted;

the state medical judicial expert-psychologist (further - экспертпсихолог) - the person who is not interested in the outcome of the case and having special knowledge in the field of judicial psychology to whom conducting complex judicial psikhologo-psychiatric examination in accordance with the established procedure is entrusted;

case - civil or criminal case, case on administrative offense;

the expert opinion - the procedural document certifying the fact, the course and results of research the expert of the materials and objects provided by body (person) who appointed examination, and containing the conclusions on the questions raised before it based on special knowledge in the field of forensic psychiatry and (or) judicial psychology;

researched - physical person concerning which it is appointed and expertize is carried out;

complex judicial psikhologo-psychiatric examination - the legal proceeding performed by the expert-psychiatrist (experts-psychiatrists) and ekspertompsikhology (experts-psychologists) in the resolution (determination) of body (person) who appointed examination, in case of permission of statements and messages on crimes, during pretrial investigation, legal proceedings of cases, hearing of cases about administrative offenses and consisting in carrying out scientific and practical researches and making the expert opinion or message on impossibility of making the expert opinion on the basis of special knowledge in the field of forensic psychiatry and judicial psychology for the purpose of establishment of the actual data and (or) circumstances important for the permission of material or case considered in administrative, civil or criminal procedure;

medical judicial and expert institution - central office of Service, management of Service on areas and Minsk, district (interdistrict) departments of managements of Service on areas and Minsk;

object of forensic-psychiatric and complex judicial psikhologopsikhiatrichesky examination (further - object of examination) - physical persons, and also materials and cases on which expertizes are carried out forensic-psychiatric and complex judicial psikhologo-psychiatric;

the body (person) which appointed examination - the investigator, person making inquiry, the prosecutor, court (judge), the official of the body which is conducting administrative process who issued in accordance with the established procedure the decree (determination) on appointment sudebnopsikhiatrichesky and complex judicial psikhologo-psychiatric examinations;

the head of medical judicial and expert institution - the head (chief) of judicial and expert organization of Service (the chief (manager) of its structural division);

stationary examination - the legal proceeding consisting of carrying out researches of somatonevrologichesky and mental condition of person placed in expert hospital and making the expert opinion on the questions raised by body (person) who appointed examination;

forensic-psychiatric examination - the legal proceeding performed by the expert-psychiatrist (experts-psychiatrists) in the resolution (determination) of body (person) who appointed examination, in case of permission of statements and messages on crimes, during pretrial investigation, legal proceedings of cases, hearing of cases about administrative offenses and consisting in carrying out scientific and practical research (researches) and making the expert opinion or message on impossibility of making the expert opinion on the basis of special knowledge in the field of forensic psychiatry for the purpose of establishment of the actual data and (or) circumstances important for the permission of material or case considered in administrative, civil or criminal procedure;

forensic-psychiatric expert division (further - expert division) - the specialized out-patient or stationary psychiatric structural division of medical judicial and expert institution intended for carrying out forensic-psychiatric and complex judicial psikhologo-psychiatric examinations;

forensic-psychiatric expert hospital (further - expert hospital) psychiatric structural division of medical judicial and expert institution which is intended for the round-the-clock content of persons concerning whom stationary forensic-psychiatric examination is appointed;

participants of process - others in addition to body (person) who appointed examination and the expert participants of administrative, civil or criminal procedure.

4. Expertize in criminal procedure is carried out for determination:

4.1. mental condition of the suspect, the person accused, their capability to understand the actual nature and public danger of the actions (failure to act) or to direct them during making of socially dangerous act, and also making the conclusion about possibility of application by court concerning these persons of enforcement powers of safety and treatment;

4.2. mental condition of the suspect, the person accused, their capability fully to understand value of the actions or to direct them during making of socially dangerous act, and also making the conclusion about possibility of application by court concerning these persons of enforcement powers of safety and treatment;

4.3. mental disturbance (disease) of the person who made socially dangerous act, but got sick to the resolution of sentence, its capability to understand value of the actions or to direct them, and also making the conclusion about possibility of application by court concerning this person of enforcement powers of safety and treatment;

4.4. dangers of mental disturbance (disease) of the suspect accused for their or other persons;

4.5. mental condition of the suspect, the person accused, their capability independently to protect the rights and legitimate interests in criminal procedure;

4.6. individual and psychological features of the suspect, person accused, influence of individual and psychological features of these persons on their behavior during making of the acts incriminated to them;

4.7. emotional reactions and conditions, including affect, at the suspect accused during making of the acts incriminated to them of their capability fully to understand value of the actions or to direct them;

4.8. possibilities of application of enforcement powers of safety by court and treatments to the persons who committed crimes suffering from syndrome of dependence on psychoactive agents (chronic alcoholism, drug addiction, toxicomania);

4.9. availability or absence at the minor of the lagging which is not connected with mental disturbance (disease) in mental development owing to which this person is not capable to understand the actual nature or public danger of the act;

4.10. mental condition of mother, availability of the psychoinjuring situation caused by childbirth in the conditions of which mother commits murder of the child at the time of delivery or directly after them;

4.11. mental condition of the victim, the witness, their capability it is correct to perceive the circumstances important for criminal case and to give about them evidences;

4.12. level of mental development, individual and psychological features, mental condition, availability or lack of mental disturbances at the victim in case of making concerning its crime against sexual integrity or sexual freedom, capability of this person to understand nature and value of the actions made with it or to show resistance to the guilty person;

4.13. mental condition of person who presumably committed suicide during the period preceding death, availability or lack of relationship of cause and effect between actions of the suspect, person accused and features of mental condition of person who presumably committed suicide during the period preceding death;

4.14. availability or absence at the injured mental disturbance (disease), nature and degree of its weight, cause and effect relationship between actions of the suspect, person accused and mental disturbance (disease) of the victim;

4.15. mental condition of person concerning which it is performed according to the statement or the message on crime.

5. Expertize in civil process is carried out for determination:

5.1. mental condition of the citizen concerning which the court considers case on his capacity to act or incapacity, capability of this citizen on condition of mental health to understand value of the actions or to direct them;

5.2. the citizen's capabilities depending on mental condition to understand value of the actions or to direct them at the time of transaction or other legally significant action directed to establishment, change or the termination of the civil laws and obligations;

5.3. mental condition of the citizen concerning which the court considers question of its capability correctly to perceive the facts and to give about them the corresponding evidences.

6. Expertize in administrative process is carried out for determination:

6.1. mental condition of person concerning which administrative process is conducted, capability of this person during making of illegal act to understand the actual nature and public danger of the actions or to direct them;

6.2. mental condition of the citizen concerning which the court considers question of its capability correctly to perceive the circumstances which are subject to establishment on the case of administrative offense and to offer about them explanations.

7. Except the questions specified in Items 4-6 of this Instruction when conducting examination other, important for case issues for the answer to which special psychiatric and (or) psychological knowledge is required can be resolved.

CHAPTER 2 RIGHTS, OBLIGATIONS AND RESPONSIBILITY OF THE EXPERT AND HEAD OF MEDICAL JUDICIAL AND EXPERT INSTITUTION

8. The expert has the right:

8.1. group the questions raised before it, without changing their formulation, state them in the sequence providing reasonable procedure for carrying out research, and if necessary to address body (person) who appointed examination for explanation of their content;

8.2. to independently choose methods (techniques) of conducting examination from among recommended in accordance with the established procedure;

8.3. confer with other experts, conduct together with them researches and analyze the received results if expertize is carried out by the commission of experts;

8.4. declare the petition before the head of medical judicial and expert institution attraction to participation in conducting examination of other experts or other persons if their special knowledge is necessary for conducting examination, in cases of complexity of conducting examination for one expert in the reason of difficulties of physical or technical nature.

The expert has other rights established by the legislation of the Republic of Belarus.

9. The expert has no right:

9.1. to start independently conducting examination in the absence of the resolution (determination) on its appointment, and also in the absence of the order of the head of medical judicial and expert institution if the members of experts in the resolution (determination) on purpose of examination are not specified;

9.2. conduct negotiations with participants of criminal and administrative process on the questions connected with conducting examination;

9.3. to independently collect materials, necessary for conducting examination, for research, except for the documents which are available in archive of medical judicial and expert institution in which it works;

9.4. sign that part of the conclusion of complex examination which is not within its competence;

9.5. make other actions prohibited by the legislation of the Republic of Belarus.

10. The expert cannot carry out expertize and participate in production on material or case in the cases provided by the procedural legislation.

The question of removal of the expert is resolved according to the procedure, established by the procedural legislation.

11. The expert shall:

11.1. start conducting examination in the presence of the bases for its carrying out;

11.2. declare rejection in the cases provided by the procedural legislation;

11.3. carry out expertize in accordance with the established procedure with timely execution (creation) of the reasonable and objective expert opinion or message on impossibility of making the expert opinion;

11.4. report body (person) who appointed examination in case of insufficiency for the solution of the questions posed of objects of examination what specifically objects of examination and in what amount are necessary for it for conducting examination;

11.5. in writing to report body (person) who appointed examination in case of failure to provide according to the petition of the expert of necessary additional objects of examination for impossibility to draw the conclusion without research of the specified objects of examination or in case of possibility of the solution of part of the questions posed to draw the expert opinion with answers to them and motivated explanation on what reason it is impossible to answer on other questions;

11.6. keep the medical and protected by the law other secret;

11.7. take measures for accounting and preserving the objects of examination provided for conducting examination, not to allow their spoil, damage;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info