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Legal and Psychological Aspects of the Protection of the Victim's Rights Showing Signs of Mental Illness in the Criminal Proceedings.

Published online by Cambridge University Press:  15 April 2020

E. Dutczak*
Affiliation:
Department of Law and Administration, University of Gdansk, Gdansk, Poland

Abstract

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Research of the offender by expert psychiatrists and psychologists is a regular part of the criminal proceedings. The necessity for a suspect present research is one part of the protection of his rights. In any situation where there is doubt as to the sanity of a suspect at the time of the offense, the examination is mandatory.

The study of victims of crime by expert psychiatrists or psychologist is carried out in exceptional cases.

Analysis of records of criminal cases in which the victim showed signs of mental disorder or mental illness leads to the conclusion that it is necessary to introduce mandatory participation expert psychiatrists or psychologists in the event of doubt as to the mental health of the victim. Psychiatric or psychological opinion is essential for assessing the reliability, suitability testimony of victims of crime. It also allows you to provide appropriate support, allowing the elimination of re-victimization of the victim.

Research has shown that the participation of psychiatrists or psychologist during the preparatory proceedings, allows the elimination of unjustified accusations before the case goes to court.

Type
Article: 1865
Copyright
Copyright © European Psychiatric Association 2015
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