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Forensic Psychiatry

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Forensic Psychiatry doc. MUDr. Karel Hynek, CSc. Department of Psychiatry, First Faculty of Medicine, Charles University and General University Hospital in Prague – PowerPoint PPT presentation

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Title: Forensic Psychiatry


1
Forensic Psychiatry
  • doc. MUDr. Karel Hynek, CSc.
  • Department of Psychiatry, First Faculty of
    Medicine, Charles University and General
    University Hospital in Prague

2
  • Human Rights (constitution CR 1993)
  • Declaration Human Rights of Mental patients
    (Luxor 1989)
  • don't separated Mental patients
  • act with them as equal
  • protect their Law
  • informed them about their health and Th
  • informed them about their Laws

3
Codex Law of patients
  • Ethic commission ministry of health CR 1992
  • Rights for careful, professional care
  • Known of name of M.D.
  • Information about treatment, DG
  • Refuse the Therapy
  • Respect their private and shines
  • Secret report
  • Written agree with therapy

4
Hospitalization without agree
  • Compulsory admission
  • Emergency situation (s. attempts , aggressive
    behavior, behavior endangering)
  • Reported to the local court within 24 hours

5
Compulsory treatment
  • Psychiatric, sexological, antialcoholic

6
History of Forensic Psychiatry
  • Roman Law furios, mente capti, dementes
  • Constitutio criminalis Carolina 1532 Charles V
  • Hrdelní rád Josef I. 1707
  • Constitutio criminalis Teresiana 1768
  • Criminal Law 140/61Sb Republic Czechoslovakia
  • Austrian General Civil Law 1811
  • Every Country has its particularly approach

7
  • Criminal Law
  • Responsibility, diminution (decrease) of
    responsibility ( 32 tr. z.), nonresponsibility
    ( 12 tr. z.) of criminal with mental disease
  • Recognition and controlling possibilities
  • Possibility to speak in the Court
  • Social dangerousness from psychiatric aspect
  • Resocialization
  • Protective involuntary treatment
  • Protective education

8
In Criminal Law
  • Acts who asks the psychiatric expertise
  • Policy
  • Prosecutor
  • Court
  • Solicitor
  • Private Person

9
Characteristic Criminal Trial
  • Presumption of innocence
  • Judge 3 members
  • Prosecution 
  • Psychiatric expertise is made by one expert

10
Content of Expertise
  • Summary from police record
  • Summary from health's report
  • Psychiatric examination
  • Event. lab. examinations
  • Event. psychological examination
  • Event. other special examination
  • Summary and conclusions of expertise
  • Answer for applied questions

11
Civil LawSubjects Have Equal Rights Principle
of Equality
  • Civil Law
  • Business Law
  • Familiar Law
  • Labor Law

12
Civil Law in Cz. c.86/92 Sb. a 20/96 Sb.
  • Abilities for legal capacity
  • Involuntary admission to hospital
  • Infection diseases (TBC)
  • Mental illness , intoxication if he is
    dangerous himself or others
  • Impossible agreement

13
Psychiatric Expertise in Civil Law
  • Abilities for legal Capacity
  • Testamentary capacity (Invalid Testament).
  • A Person certified insane was presumed to be
    incapable of making a valid contract.
  • Marriage and Divorce. Feeble minded persons,
    psychopaths addicts and a serious brain injury
    can be placed under guardianship, their
    guardians consent.
  • Responsibility for Damage, Loss

14
Legal Capacity
  • Possibility to have human Right and Duty
  • It is one human Right start with Birth and ending
    with Death. It is gradually increases with
    Development of Pearson, and maturated at 18
    years.
  • Recognition control own behavior and its adequacy.

15
Legal Capacity
  • Is limited mental illness, addiction of drugs and
    alcohol for a long time ( 38 odst. 2)
  • Legal act in transient mental illness or
    intoxication is invalid

16
Competencyto juristic act
  • Overture to competency to juristic act
  • Member of family, G.P. another M.D.
  • Curator or guardian
  • Court asked experts for examination

17
Family and Labor Law
  • Financial compensation for pain and social
    handicap. ( 32 1965 Sb.)
  • Insurance (vyhl. C. 49/64 Sb. Novela 55/79 Sb.)
  • Abilities for driving
  • Fosterage - given to keep
  • Ability to hold arms (zák. c 288/95 Sb.)

18
Forensic Expertise
doc. MUDr. Karel Hynek, CSc. Department of
Psychiatry, First Faculty of Medicine, Charles
University and General University Hospital in
Prague
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26
Suicidology
  • doc. MUDr. Karel Hynek, CSc.
  • Department of Psychiatry, First Faculty of
    Medicine, Charles University and General
    University Hospital in Prague

27
  • Incidence of 8 per 100 000
  • Physical illness. 20
  • Mental illness ...10
  • Health people 70 (personality disorders ,
    abuse, loneliness, death of somebody from
    family)

28
SUICIDOLOGY
  • Suicide is medical problem
  • Suicide is social problem
  • Ratio women x men
  • 1 x 2-3
  • Age 1st maximum 15-19 years
  • (20-29 years)
  • 2nd maximum
  • over 60 years

29
Presuicidal syndrome
  • Cessation of interest, hobbies ..
  • Emotional isolation
  • Social isolation
  • Depressive symptoms
  • Cause stress situation

30
Autoaggressiveness
  • Psychological
  • Automutilation
  • Attempted suicide (6x)
  • Committed suicide (1x)

31
Diagnosis
  • Healthy
  • Personality disorders
  • Schizophrenia
  • Depressive illness
  • Addictions alcohol drugs
  • Aging
  • Others

32
Risk of realization
  • Suicide in family
  • Suicide in past history
  • Social isolation
  • Autoaggression, phantasy of suicide
  • Real plan of suicide
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