Review article

https://doi.org/10.21860/medflum2021_264891

On competence to stand trial in forensic psychiatry

Ante Periša ; Sveučilište u Zagrebu, Medicinski fakultet, Zagreb, Hrvatska
Goran Arbanas ; Sveučilište u Rijeci, Medicinski fakultet, Rijeka, Hrvatska; Zavod za forenzičku psihijatriju “Dr. Vlado Jukić”, Klinika za psihijatriju Vrapče, Zagreb, Hrvatska

Abstract

The competence to stand trial is a legal construct that implies that a defendant understands their position during trial, comprehends court`s proceedings and consequences, and has the sufficient capacity to communicate with their attorney. If these criteria are not met, the defendant will find him/herself in a potentially discriminating position. To protect one of the fundamental human rights – the right on a fair trial, the incompetence to stand trial presupposes trial delay until this competence is restored. By the court’s order, a psychiatrist assesses a defendant’s current mental state. Considering that a good forensic psychiatrist has to be familiar with the Criminal Code and cases from trial practice, a short view on legal aspects is given here. Moreover, as the diagnosed mental illness does not automatically presume incompetence to stand trial, psychiatric aspects with emphasis on the frequently occurring psychopathological phenomena with predictive value are given.

Keywords

forensic psychiatry; mental compentence; psychopathology

Hrčak ID:

264891

URI

https://hrcak.srce.hr/264891

Publication date:

1.12.2021.

Article data in other languages: croatian

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