Appointment of a forensic psychiatric examination for crimes related to illegal hospitalisation in a medical organisation providing psychiatric care in in-site settings

Abstract

A significant role in the disclosure and investigation of crimes related to illegal hospitalisation in a medical organisation providing psychiatric care in an inpatient setting belongs to scientifically based methods of conducting forensic research, among which recommendations on the appointment and production of a forensic psychiatric examination are of key importance. The possibilities of this examination make it possible to determine whether the victim has a psychiatric disorder, to confirm or refute the grounds for hospitalising a person in a psychiatric hospital, to indicate the legality or unreasonableness of the actions of a psychiatrist or a commission of such physicians, being specific to the category of crimes under consideration. From the standpoint of the laws of dialectics, general scientific and other methods, a study of specialised medical legislation and law enforcement practice in the area under consideration was carried out, making it possible to identify and characterise the list of objects required by the investigator and provided for the production of the examination in question. The author argued the grounds for involuntary hospitalisation in a medical organisation providing psychiatric care in an inpatient setting, which led to the proposed recommendations for drawing up a resolution on the appointment of an appropriate examination. The study of empirical data revealed the essence of a forensic psychiatric examination of the crimes in question – establishing the fact of a severe mental disorder in the victim, allowing the author to argue the incompleteness of the "traditional" questions posed to forensic psychiatric experts, to substantiate their (questions) specifics on encroachments related to illegal hospitalisation victim.