On the issue of observance of the rights of the accused in the appointment of a forensic psychiatric examination
The issue of observance of the criminal procedural rights of the accused is one of the most urgent in the science of criminal procedure. This issue also covers the topic of the appointment and conduct of a forensic psychiatric examination in relation to the accused. Forensic practice shows that often there are disagreements between the preliminary investigation bodies, the prosecutor and the court, related to the presence or absence of factual grounds for conducting a forensic psychiatric examination. When establishing the existence of grounds for the examination, it is necessary to take into account the fact that the officials of the preliminary investigation bodies, the prosecutor’s office and the court are not specialists in the field of psychology and psychiatry, therefore, when deciding whether there are grounds for conducting a forensic psychiatric examination in relation to the accused, they are guided by internal beliefs and beliefs.