Legal regulation of forensic psychiatric examination in criminal proceedings

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Introduction. Under consideration is the legal status of forensic psychiatric examination in criminal proceedings. The aim is to study the legal status of forensic psychiatric examination in the criminal proceedings of the Russian Federation with the subsequent formulation of proposals for eliminating the revealed problems. Маterials and Methods. We analyzed scientific papers published in the bibliographic and abstract Scopus database for the last 15 years (55 articles were selected and analyzed), as well as scientific papers published in journals recommended by the Higher Attestation Commission, devoted to the issues of the legal status of forensic psychiatric examination in criminal proceedings. Such methods as content analysis, literature review, ranking, comparative analysis, hypothesis-deductive method, generalization, formalization were applied. Results and Discussion. Currently, in the criminal procedural legislation there are a number of inaccuracies in the regulation of the considered type of examination, its arranging and implementation. Moreover, this trend is of international character. The main problems of the legal status of forensic psychiatric examination in criminal proceedings of the Russian Federation are described. As for the solutions, they are proposed through the introduction of a number of changes caused by the need to improve the regulation at the legislative level of the issues of arranging and producing this type of examination.

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Forensic psychiatric examination, defendant, accused, criminal legislation, victim

Короткий адрес: https://sciup.org/149144795

IDR: 149144795   |   DOI: 10.24412/1999-6241-2024-196-107-112

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