A psychiatric medical examination /expert evaluation/ is a method for collecting and verifying evidence.
A psychiatric medical examination is an expert examination of the psychiatric status of a person, respectively the prerequisites for legal capacity or ability to take part in criminal proceedings. It is being performed by experts who have special knowledge in the field of psychiatry and psychology. The assigning, elaboration, and hearing of the expert reports could be performed in both stages of criminal proceedings – pre-trial and court/trial stage. During the trial, the court assigns the psychiatric medical examination and appoints experts. In the pre-trial proceedings, this is usually done by the investigator or the prosecutor supervising the investigation.
After the performance of the necessary examination, the expert draws a written expert report in which he/she shall state: the name of the expert and the grounds for the performance of the expert evaluation; where it was performed; the assigned task; the materials used; the examinations performed and the applied scientific and technical means; the received results and the conclusions reached by the expert.
It is possible to carry out a psychiatric medical examination of an accused person, victim, or witness.
If necessary, in the pre-trial proceedings, the respective first instance court in the panel of one judge and two jurors, upon request of the prosecutor, may place the accused in a psychiatric hospital for examination for a term of 30 days. In the court proceedings – the same may be done by the court panel, which tries the case. If the term proves to be insufficient it may be prolonged by the respective authorities by another 30 days. This term shall be considered detention on remand.