THE LEGAL REGIME OF PSYCHIATRIC EXPERTISE IN THE PROCEDURE FOR THE ESTABLISHMENT OF JUDICIAL PROTECTION MEASURES

Abstract

Expertise is one of the means of evidence applicable to civil proceedings. For some categories of civil cases the law directly provides for the need to conduct expertise. One of the civil cases for which the law directly stipulates the need to carry out the expertise are the cases for the establishment of judicial protection measures. The need for psychiatric expertise within the procedure for establishing judicial protection measures results from the fact that psychiatric expertise is that means of evidence through which it is ascertained whether the person has the capacity to be aware of his actions or express his will.