Tiespsihiatrisk Inspection Arrangements

Original Language Title: Tiespsihiatriskās ekspertīzes veikšanas kārtība

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/92545

 
Cabinet of Ministers Regulations No. 715 in Riga on 17 august 2004 (pr. No 48 15) Tiespsihiatrisk inspection order issued in accordance with article 72 of the law on the treatment of i. General questions 1. determines the order in which the tiespsihiatrisk inspection is carried out. 2. Tiespsihiatrisk inspection in accordance with the decision of the criminal proceedings or the proceedings after the decision of the Court in administrative proceedings or the civil party (hereinafter referred to as the inspection applicant), tiespsihiatrij of the expert who carried out in accordance with expertise in Psychiatry provides expert opinion on the criminal, administrative or civil in clarify in case circumstances. 3. Tiespsihiatrij expert is a doctor who has obtained the certificate for the specialty of Psychiatry that seniority of Psychiatry not less than eight years and charged in accordance with the procedure prescribed by law to perform the expertise (hereinafter expert). 4. the inspection object is a natural person (hereinafter referred to as the ekspertējam party), ekspertējam persons medical records, criminal, administrative or civil case materials, as well as, if necessary, other objects can provide research answers to the questions given in the decision of the examiner's determination. 5. There are three types of expertise – first, additional or repeated inspection. Inspection type to be carried out shall be determined in accordance with the Latvian Criminal Procedure Code, the administrative procedure law, the code of administrative violations of Latvia or civil law. 6. Depending on the expert or experts the questions asked are: 6.1 inspection performed by an expert; 6.2. the complex inspection, carried out by the Commission of experts with the participation of experts in other specialties (hereinafter referred to as the Commission).
7. If the inspection requires knowledge of other medical, scientific, technical, artistic or craft sectors, the expert recommends the applicant decide on the expertise of complete inspection. 8. the Commission shall determine the expertise the applicant or its treatment services manager, which performs the inspections. All panelists include experts, have equal rights and obligations. 9. the Expert Commission shall carry out inspection or, if the applicant has provided expertise in ekspertējam-person presence (except this rule 14.3. of the cases referred to in point) and transferred the expert or the Commission the necessary medical documentation and criminal, administrative or civil case materials. If the expert or Commission inspection requires additional medical documentation, to provide expertise in the applicant. 10. the experts or the Commission shall inform the applicant for inspection inspection date, time and location. Expertise the applicant provides expert or Commission at least five working days before the inspection made acquainted with the criminal, administrative or civil case materials. 11. the expertise and giving its opinion, the expert is independent. 12. the rights, obligations, liability, decline, and the right to refuse to carry out the inspection of certain criminal law, the criminal procedure code of Latvia, the Latvian Code of administrative offences, administrative law and civil procedure law.
II. Inspection 13. Medical establishment, where expertise, meet healthcare regulatory laws and requirements. 14. Inspection can be performed: 14.1. the presence of the person ekspertējam outpatient examination conditions: 14.1.1. medical institution; 14.1.2. the driver's Office; 14.1.3. the Court of Justice; 14.1.4. in some cases, ekspertējam location of the person if the person ekspertējam the transport to the inspection body is burdened by her State of health or security measures; 14.2. ekspertējam in the presence of the person in the hospital; 14.3. the presence of the person without ekspertējam using medical records and criminal, administrative or civil case material: 14.3.1. If a person search is advertised; 14.3.2. If it is known that ekspertējam person located outside the Republic of Latvia; 14.3.3. If the person is dead.
15. If the inspection carried out at the place of imprisonment, the applicant will coordinate inspection inspection locations and time with the head of the prison and informed expert. 16. Ekspertējam persons, that the pre-trial investigation or the Court has adequate security measure-detention, and persons in penitentiaries, inspection carried out in specialized inpatient psychiatric hospital (chapter) with security guards. Persons who do not have a specific security feature – detention, perform outpatient expertise, if the applicant does not indicate expertise other inspection. General inspection of the stationary type-psychiatric hospital (chapter) carries out inspection, if it is not possible to respond to the expert or the questions to the Commission. 17. the opinion about the circumstances of the investigation made ambulatory expertise provides 20 days after the last case of receiving expert institution. 18. Hospital inspection carried out in the circumstances of the investigation within 30 days of receipt of the last things the material expert. 19. A particularly complex cases, the authority of experts Manager, expert or written conciliation by the Commission with the expertise of the applicant inspection may be extended by the period of 20 days. 20. Opinion on the circumstances of the investigation made stationary inspection expert or Commission provides expertise to the applicant not later than 15 days after the inspection. 21. During the pre-trial investigation by the requesting call expert expertise or expert opinion, the Commission shall provide the pre-trial investigation authority or ekspertējam persons location. 22. the experts after the Court read the reasons for the expert opinion or conclusion and answer questions.
23. the experts shall have the right to waive the reading of the opinion ekspertējam the presence of the person if the person ekspertējam recognized as mentally ill and the opinion of the content of the disclosure could severely compromise the health of the person or ekspertējam.
III. Expert opinion expert opinion includes 24 based clinical psychiatric diagnosis, and justified by the conclusions of the expert, as well as complies with the requirements of this chapter. 25. the opinion given in accordance with medical knowledge and the code of criminal procedure of Latvia, the Latvian Code of administrative offences, administrative law or civil procedure rules set out in law. 26. the conclusions of Experts in accordance with the opinion of the descriptive part and the actual circumstances of the case. Conclusions are reasonable and reflect the mental state of the person ekspertējam and its evaluation. 27. If the expert examination in the presence of a claimant or during trial justified reasons cannot answer questions, the opinion indicates other examiner's amendment options. 28. the opinion contains the following parts: 28.1. introduction the investigator expertise, location, and time, expertise in the legal basis, the ekspertējam personal data, expert asked questions, materials used for inspection; 28.2. the particulars of the persons life and ekspertējam diseases in accordance with ekspertējam or her family narrative; 28.3. the expert assignment description and the papildizmeklējum findings of consultants; 28.4. ekspertējam persons in General, somatic and psychiatric, neurological condition; 28.5. grounds for the opinion that include this rule 28.2. data referred to in point, ekspertējam persons, neurological and somatic mental state analysis and diagnostic findings; 28.6. conclusion, which provides answers to questions asked to the experts.
29. the opinion shall be signed by the expert or all the members of the Commission.
IV. funding of the examiner's Tiespsihiatrisk 30. Hospital's expertise, make the rules of the financial support from the Ministry of health budget.
Prime Minister-Minister of Economic Affairs Minister j. r. Muciņš LujānsVeselīb Editorial Note: rules shall enter into force on the 20 august, 2004.