1997 suplement 1

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Volume 6, suplement 1

Reviev article

– Basic principles of formulation of psychiatric expert opinions concerning accountability of the accused and their participation in penal proceedings – legal issues

LECH K. PAPRZYCKI1
1. Sądu Najwyższego w Warszawie
Postępy Psychiatrii i Neurologii, 1997, 6, suplement 1 (4), 17-26
Keywords: forensic psychiatry, formulation of psychiatric, psychological opinion, evidence form expert opinion in penal proceedings, accountability

Abstract

The paper is devoted to major legal issues pertaining to the formulation of psychiatric and psychological expert opinions for the needs of court penal proceedings. The following questions are discussed: conditions of admissibility of evidence from expert opinions in penal proceedings, conditions of admissibility of evidence from psychiatric-psychological opinion, and some more detailed issues, regarding the subject of a psychiatric opinion, qualifications of the expert psychiatrist, methods of examination, psychiatric observation, the opinion form and content, transactions of the court in proving evidence of this sort. In conclusions it is pointed out that for effective proving evidence from psychiatric-psychological opinion, a close co-operation and mutual understanding are necessary between court experts on the one hand, and judges and prosecutors on the other hand. Acquirement of working knowledge of the penal law and procedure by court experts, as well as of rudiments of psychiatry by lawyers is considered to be one of the most important conditions.

Address for correspondence:
Dr Lech K. Paprzycki,
Sędzia Sądu Najwyższego,
ul. Ogrodowa 6,
00-958 Warszawa