Petition for the appointment of a forensic psychological and psychiatric examination. Request for a psychological examination

The court is proceeding with a civil case on the claim of the plaintiff to the defendant on the recognition of the contract of sale, privatization of the apartment as invalid. According to the conclusion of the forensic handwriting examination, the handwritten notes of the citizen, in the powers of attorney, were made by him, under the influence of some confusing factors. The plaintiff asks to recognize the powers of attorney by the citizen as invalid. Order a post-mortem forensic psychiatric examination in the case.

Judge ____________ federal court
G. ___________
_______________________
______________________

Petition

In your proceedings there is a civil case on my claim against _________________ and others on the recognition of the contract of sale, privatization of the apartment as invalid.
Earlier, in my demands, I referred to the fact that the signature of _______________ in the power of attorney No. __________ dated _________, issued by ___________ for participation in the court, as well as in the power of attorney issued to the same ___________ dated _________, No. ______, are doubtful. At my request, an expert examination was appointed in the case.
According to the conclusion of the forensic handwriting examination No. ____ dated ____________, handwritten notes ______________________, in powers of attorney were made by _________________, under the influence of some confusing factors not related to the intentional change in handwriting, i.e., age-related changes, an unusual mental state of a person due to stressful situations, pharmacological agents, illness, unusual posture, etc.
Currently, in accordance with Art. 39 Code of Civil Procedure of the Russian Federation, I am changing the basis of the claim, and I declare the requirements for the recognition of powers of attorney issued by __________________ ________________ invalid on the following grounds.
At the time of issuing the powers of attorney, ______________ was in such a state that he did not understand the significance of his actions.
The fact that my late husband abused alcohol was testified by all the witnesses interrogated at the court session.
This circumstance is not denied by ______________, to whom a power of attorney was issued on behalf of _____________________
In addition, I recently learned from my husband's son - ______________ that during his lifetime he repeatedly turned to doctors for help and tried to recover from alcoholism.
Recently, due to my husband’s constant drinking (I drank soundly, until I lost consciousness), I had to leave the apartment, leave him alone, because he didn’t understand anything, made scandals with me, cursed, and when he left alcohol he apologized, said that this is the last time, will not happen again.
He didn’t tell me anything about the sale of the apartment, he just didn’t know what he signed, he said that a lawyer came and asked me to sign some papers.
Under these circumstances, I believe that it was precisely by taking advantage of his drunken state that _____________ received powers of attorney to participate in the court and to sell the apartment.
In view of the foregoing, the powers of attorney are subject to invalidation, since _______________ did not understand the meaning and consequences of the transaction he concluded.
In view of the above
I BEG:
Recognize powers of attorney No. _________ dated _________ and No. ________ dated ___________, issued by _______________ ______ invalid.
Order a post-mortem forensic psychiatric examination in the case.

In the process of conversion, this is a reflection of the qualities of the one who is addressing. The boss builds emotions about the person who stated his own arguments, looking through the text and its meaning. This is critically influential in situations where the decision depends on emotional awareness. It is very expensive to make a standing form in a law firm. The reason is the absence of errors, labor that requires skill.

You will learn from this article how doctors experts assess the possibility of committing illegal acts by a person and the influence of a mental factor on behavior. In particular, how mental disorders can affect the work of the investigation and look at a clear real example of a sample of a forensic psychiatric examination. Anamnestic information from the words under the expert, materials provided by the investigation (Sample of forensic psychiatric examination from real life).

Patient B., born in 1990, was born an only child in the family. The mother broke her arm during pregnancy. She lay on conservation, the birth was on time, swift. As a child, I often got sick. She suffered a staphylococcal infection, Botkin's disease, rubella. There were frequent colds. She grew up and developed as a physically weak child. I went to school at the age of 7. I studied well, almost only excellent. At the age of 6, her father left for another family, which the subject experienced very hard. She grew up in overprotection, her mother tried to protect B. from troubles, and sent her only to study. At the age of 8, the patient tried to commit suicide. The absence of a father and difficult relationships at school had an effect (after Botkin's illness, in 1997, children avoided her, and no one talked to her). In 1998, for the first time, B. entered the Republican Center for Human Resources, department No. 6, where he received treatment with a diagnosis: Sequelae of an organic lesion of the central nervous system, due to the pathology of pregnancy. Depressive disorder (suicidal thoughts). Subsequently, B. was hospitalized more than once and was observed at the RCCH, but already with a diagnosis of Organic emotionally labile disorder. In the clinical picture, B. had frequent mood swings, suicidal thoughts, parasuicides, aggression, apathy, emotional coldness, and isolation. It is also known that almost until the age of 12, under the expert, she lived in some isolation from her peers, due to the knowledge of her diseases, few of her peers wanted to communicate with her. The relationship with the mother of the subject was always tense, because of the high demands of the mother to B. The only person with whom B. had a good relationship was her grandmother, whose illness and death the subject suffered extremely hard. B. moved from the 70th secondary city school to the 2nd, according to her, because of the conflict between her mother (she taught at the 70th school) and colleagues. Finished 11 classes. Entered the contract in KRSU at the Faculty of Architecture, Design and Construction. The contract was agreed to be paid by relatives from Kazakhstan.

Now. B is on academic leave for health reasons. On May 10, 2009, B. allegedly committed the act imputed to her, in connection with which a criminal case was initiated. On June 05, 2009, she was admitted to the psychiatric hospital, department No. X, with complaints of anxiety, disturbed sleep at night, frustration with stress-related experiences, poor memory, sadness, low mood, suspiciousness, low appetite, weight loss, self-esteem inferiority, self-blame. Being already on treatment, I received a notification dated 04.06.09., registered in the SPEC Bureau on 19.06.09. from the investigator, about the conduct of a forensic psychiatric examination of B., born in 1990. The following questions were posed to the expert committee:

Does B. suffer from any mental illness at the time of the crime, and if so, did she give an account and manage her actions?

Does B. need compulsory treatment?

Somatoneurological condition, for the period of stay in the hospital without acute pathology, focal microsymptomatics.

Mental state (a sample of a forensic psychiatric examination must contain these data without fail): Outwardly neat. Uses expressive make-up. Sits in a flexor position. He speaks little. The voice is quiet. Speech is slow. Thinking is slightly slow, logical. The main complaints are anxiety and depressed mood. Emotionally stable during conversation. The mood corresponds to the level of mild depression. Anxiety does not show up outwardly. Consciousness is clear. In place, time and self-oriented. Intelligence and memory are within normal limits. Attention fixes on experiences. There is criticism. Supports interpersonal relationships in the department poorly.

Instrumental examination data (without them, the sample of a forensic psychiatric examination will be incomplete).

EEG for 06.06.09: pronounced irritative changes in bioelectrical activity. activity in the occipito-parietal regions of the brain. Paroxysmal interest in the occipital-parietal areas of the brain, periods with the registration of single paroxysmal forms of activity bilaterally synchronously in all areas of the brain. A clear dysfunction of the brain stem structures.

EchoEG for 06.06.09.: The displacement of the median structures was not detected.

Laboratory tests of blood and urine were within normal limits.

Experimental psychological examination (EPO) from 10.06.09. Psychological examination reveals: a high level of situational, personal and reactive anxiety. moderate depression. Attention is normal. Memory is normal. Intellectual abilities are well developed. defensive position. Trying to hide anxiety. Anxiety due to interpersonal difficulties. Lack of self-actualization. Emotional dependence. Negativism.

Conclusion: on the basis of the presented materials of the criminal case and medical documentation, the commission of psychiatrists-experts comes to the conclusion that B., born in 1990, shows signs of an organic emotionally labile disorder, this is evidenced by anamnestic information about childbirth, repeated hospitalization in the RCCH for this diagnosis, and also her emotional instability revealed during clinical and experimental psychological examination. However, these features of the psyche are not so pronounced as to deprive B. of the ability to give an account of her actions and manage them during the period related to the act incriminated to her and at the present time. Under the conditions of a forensic psychogenic situation, she suffered an adjustment disorder with a mixed anxiety-depressive reaction. It does not require medical measures.

APPLICATION for the appointment of a forensic psychiatric examination

(name of the college and legal office, address, phone)

APPLICATION for the appointment of a forensic psychiatric examination

In your proceedings there is a criminal case No. 56120 on charges of Troyanova S.S. according to part 1 of Art. 159 of the Criminal Code of the Russian Federation.

When communicating with my client Troyanova S.S. I noticed that she was behaving inappropriately: excited, talking non-stop about the charge brought against her, did not understand the meaning of my questions and did not answer them.

During the interrogation at the presentation of charges Troyanova C.S. reported that she had had head injuries (traffic accident) and that she sought medical help at a neuropsychiatric dispensary at her place of residence.

From a conversation with Troyanov I.M. ex-husband of my client, I learned that during her marriage to him, she showed clear signs of mental illness, which caused the termination of their family relationship.

From the characteristics from the former place of work of Troyanova S.S. It is clear that the reason for the dismissal was her inadequate behavior in the team.

Based on the above, guided by art. 54, part 2 of Art. 70 Code of Criminal Procedure of the RSFSR,

Appoint Troyanova S.S. outpatient forensic psychiatric examination by asking the experts the following questions:

1. Did Troyanova S.S. during the period of the act incriminated to her, signs of any morbid disorder of mental activity and could she be aware of her actions and manage them when committing the act incriminated to her?

2. What is the mental state of Troyanova S.S. at the present time, can she be aware of her actions and manage them?

3. Does S.S. Troyanova suffer? currently a mental illness, if so, what is the nature of this illness, does she need to apply medical measures in connection with this?

Application: characteristic from the previous place of work of Troyanova S.S.

Date__________________ Signature__________________

Petition for the appointment of a forensic psychiatric examination

A case is underway to determine the order of communication with the plaintiff's daughter. Recently, my relatives and I have noticed that the defendant is behaving inappropriately: she has an obsession that the father of the child wants to steal her daughter. The plaintiff asks to appoint a forensic psychiatric examination to the plaintiff.

Third person:

Guardianship and guardianship authorities of the Municipality "__________"

Address: _____________________

Guardianship and guardianship authorities of the Municipality "______________" of _______

Address: ________________________

PETITION

on the appointment of a forensic psychiatric examination.

In your proceedings there is a case on determining the order of communication with the daughter, father ______________________________

Recently, my relatives and I have noticed that the defendant, _______________________, behaves inappropriately: she has an obsession that the father of the child wants to steal his daughter.

In the conclusion about the psychological state of the daughter ___________, it is indicated that she fears that her father and his mother (grandmother) will take her away from her mother and never return her. But there were no such precedents. Father, _____________________, has never violated either the oral agreement or the decision of the district court. Neither he nor his parents ever hid the girl, did not take her away in an unknown direction, did not pick her up from the kindergarten, without prior agreement with the mother of the child. On the contrary, it was the mother of the child who took Nastya away without warning and in every possible way prevented communication between the child and the father for several months in ____ year.

Also in the same year, the following incident occurred in the apartment of the father's parents, _______________. According to the stories of the child's grandmother, i.e. _____________________, and her husband, the following happened. The mother of the child collected her daughter for kindergarten and at the same time harassed her with screams and directly brought the child to hysterics and tears. After the child burst into tears, she began to make him laugh and amuse him in every possible way. ____________________ tried to speak privately with her sister-in-law and discuss the incident. She only advised her daughter-in-law to seek help from a psychologist, and ____________________ after a while stated that her father-in-law threatened to take her to a psychological clinic and take her child away from her.

The following incident also took place. ________________ years after the defendant took the child to her parents' apartment and hid it from the child's father. The plaintiff, _________________, together with his mother and the civil wife of his younger brother, namely _________, went to the recreation center "________________", where his daughter is engaged in a creative circle. The plaintiff of the child and his grandmother only wanted to see the child, but the defendant opposed this. As a result, a conflict broke out, and it came to assault on the part of the defendant and her sister. Grandmother, ___________________, suffered bruises on the head, about which there is a doctor's conclusion. And _________________, and her son, and the common-law wife of her other son wrote explanatory notes to the police. There is also a third person, a witness of the incident who was an eyewitness to this conflict.

The defendant tried to initiate a criminal case against her ex-husband, accusing him of kidnapping a child, but she was denied this. Including due to the fact that her accusations were unfounded, which is confirmed by the testimony of witnesses to these events.

The inadequate condition of the mother of the child can adversely affect the condition of the child.

Based on the foregoing, guided by Articles 35, 79 of the Code of Civil Procedure of the Russian Federation

Assign _____________________ a forensic psychiatric examination by asking the experts the following questions:

1. What is the mental state of ______________ at the present time, can she be aware of her actions and manage them?

2. Does _______________ currently suffer from a mental illness, if so, what is the nature of this illness, does she need medical measures in connection with this?

"____"_________________G ______________

Act of outpatient forensic psychiatric examination (expert opinion) (sample filling)

Expert opinion

ACT N 593 of outpatient forensic psychiatric examination

On the subject Chuzhanova Margarita Alekseevna, born in 1945, accused under Part 2 of Art. 213 of the Criminal Code of the Russian Federation.

The forensic psychiatric examination was carried out by a forensic psychiatric expert commission consisting of:

Chairman - V.V. Olikova,

on the basis of the decision of the senior investigator of the Soviet District Department of Internal Affairs of the city of Ensk dated May 25, 201*.

On liability for giving a knowingly false conclusion under Art. 307 of the Criminal Code of the Russian Federation, experts are warned:

V.V. Olikov

M.V. Potapov

L.G. Yuritsina

It is known from the materials of the criminal case, medical documentation and from the words of the subject. She was born into a large family as a middle child. Early development proceeded without features. Of the transferred diseases, measles, tonsillitis, acute respiratory infections are noted. I went to school with peers, studied satisfactorily. Graduated from the 8th grade, Mechanical Engineering College. Worked as a senior design engineer. Often changed jobs. Due to getting an apartment, she worked as a janitor for about 6 years. She is married and has two sons. She first came to the attention of psychiatrists in 1984, when she became conflicted, agitated, stopped doing household chores, children, became unusually active, considered herself gifted, began to write fairy tales, sent her "creativity" to all instances, experienced auditory deceptions "inside the ear ", believed that they wanted to poison her, perceived the world around her" as if in a negative way. From 12/05/1984 to 02/22/1984, she was hospitalized at the Enskgorpsikh hospital with a diagnosis of schizophrenia. After discharge, she did not take medication, did not attend the GPA, worked as an elevator operator, but was fired for absenteeism. She was re-hospitalized in EGPB on March 29, 1986. At that time, she noted a biased attitude towards her at work, she heard poetry inside her head, music, the world around her as "in the negative." In the department for a long time she was angry, negative, tense, expressed unfounded claims, kept without a sense of distance, gave ridiculous advice to the medical staff. Was discharged with the third group of disability. A year later, the second group of disability was established. She did not work, filed for divorce from her husband. She wrote unfounded complaints to various authorities, became sloppy, conflicted, dressed ridiculously, expressed crazy ideas of attitude towards relatives, her ex-husband. Made a scandal in the premises of the Regional Security Service, was aggressive towards employees. The last hospitalization in EGPB was on 02.11.201*. She was discharged on 16.01.201* with a diagnosis of paranoid schizophrenia. After discharge from the hospital, she did not receive any maintenance treatment. Had a bad sleep. She attended lectures by American preachers, experienced auditory perception delusions of "voices from space, the galaxy", "talked to aliens". 05/20/201*, in a state of psychomotor agitation, she broke window panes, shop windows of a number of institutions. Was detained. On May 22, 201*, she was hospitalized at the City Psychiatric Hospital.

PHYSICAL STATE. Reduced nutrition. Vesicular breathing in the lungs. Heart sounds are rhythmic, clear. BP 130/70 mm Hg The abdomen is soft and painless.

NERVOUS SYSTEM. CHMN without features. Tendon and periosteal reflexes from the extremities of medium liveliness, uniform, pathological are not caused.

MENTAL CONDITION. Oriented in time, surrounding enough. He does not quite understand the purpose of the referral for examination. manner. Verbose, distractible. Thinking is inconsistent, paralogical. Claims that she has an "imported surname", that she is the wife of the "American pastor Stirlitz". Experiencing auditory deceptions "inside the head", believes that "voices from outer space". Completely uncritical, emotionally significantly reduced. He cannot explain the reasons for what he did without criticizing the current judicial situation. Based on the foregoing, the Commission concludes that CHUZHANOVA M.A. suffers from a chronic mental illness in the form of paranoid schizophrenia with a pronounced mental defect. The disease began in 1984 with affective fluctuations, sleep disturbances, with the addition of pseudohallucinatory disorders. The disease proceeds continuously and progradiently with an increase in personality changes specific to this disease. This is indicated by medical documentation data on repeated inpatient treatment in the Ensk City Psychiatric Hospital, disability in group 2, social maladjustment, as well as inconsistency and paralogical thinking, paradoxicality, mannerisms, emotional coldness, uncriticality to one’s condition, the current judicial situation revealed during this clinical examination. Thus, the above changes in the psyche of Chuzhanova M.A. are so pronounced that they deprive her of the ability to be aware of her actions and direct them. Therefore, in relation to the act incriminated to her, CHUZHANOV M.A. should be considered INSANE. Due to her mental state, she needs compulsory treatment in a psychiatric hospital with routine supervision.

Forensic medical examination is a procedure for examining a person for adequacy and emotional state. It is carried out by decision of the authorized instance for the subsequent conduct of the case. Forensic medical examination is carried out with the direct participation of a group of doctors or one specialist.

Classification

State examination of the state of a person is of the following types:

Appointment of a post-mortem forensic psychiatric examination

In some cases, it becomes necessary to find out whether a citizen during his life was aware of his own actions that led to a crime or a dispute. If violations are found, experts determine whether his condition at that time could have influenced his ability to act and make decisions. The task of researchers is to assist the judiciary. Experts give a reasoned opinion, which will subsequently be taken into account by the instance when making a decision on the case.

Post-mortem forensic psychiatric examination in civil proceedings

This procedure is performed at the request of the relatives of the deceased person. As a rule, this is done to recognize the subject as incapacitated during his lifetime for the purpose of subsequent review of transactions made by him. Most often, a post-mortem psychiatric examination is authorized by the heirs. Successors in such cases doubt the adequacy of the owner when writing a will. Distrust, as a rule, arises at the moment of the announcement of the last will of the deceased regarding dubious donation contracts. When making an opinion, the experts are guided by Art. 177 GK. In accordance with this rule, a person may be recognized as capable, but unable to realize the consequences of his own actions at the time of the transaction.

Subject of study

A post-mortem forensic psychiatric examination is aimed at determining the state of the subject at the time of the conclusion of a transaction or other legal action, which was not legally incompetent in his ordinary life. In this case, experts analyze not only the person's medical history, the presence of a tendency to rash acts and behavioral acts that have certain consequences. A post-mortem psychological and psychiatric examination allows you to find out the nature of his condition at a particular point in time. In addition, circumstances are identified that could have an impact on the subject. These include, in particular:

Investigation of the state of the person who committed suicide

A post-mortem psychological and psychiatric examination can be performed to certify a person as incapacitated at the time the relevant decision is made and the subsequent implementation of suicide. Such a study is carried out by order of the authorized bodies to confirm and present reliable facts that contributed to the suicide attempt. In criminal proceedings, when investigating a number of crimes, such a post-mortem psychiatric examination is mandatory. The questions to be answered by experts are as follows:

Reasons for doing the study

A post-mortem psychiatric examination of a suicide is performed if:

Expert opinion

The results of the study are recorded in a document of the established form. The conclusion contains:

The conclusion must be certified by signatures and seals in accordance with the rules for processing primary documentation. It is drawn up within ten days from the date of the study and provided for review by the court. When making a decision on the case, the authorized instance may not take into account the results indicated in the conclusion. In this case, the court must justify this in its ruling. When assessing the significance of the results of the study, he must be guided by the norms of the law.

The complexity of the study

Post-mortem psychiatric examination is carried out in the absence of the examined subject. The opinion of a specialist in this case is formed on the basis of written testimony and data. They may be biased, which, in turn, will affect the results of the study. Often, the provided medical materials contain only general characteristics that do not carry a special semantic load. As a rule, only diagnoses are present in the lifetime conclusions of doctors. At the same time, there are no reliable probable reasons for their occurrence in the documentation. Post-mortem psychiatric examination can also be complicated by the presence of contradictions in the testimony and medical reports. The underdevelopment of research methods is also important.

A significant number of individuals have mental disorders or psychological characteristics that determine their predisposition to commit a crime. These data must be identified in a timely manner for consideration by the court when sentencing.

Explanatory note

Psychological features, often bordering on mental disorders, do not always allow the defendant to adequately participate in investigative actions and the trial. Every lawyer knows that some people are prone to inappropriate fantasies, even to the point of self-incrimination. Even adult offenders, during interrogation, are sometimes not able to distinguish the events that really took place from the circumstances reported to them at a later time or from the versions they themselves thought up. The frequency of such disorders increases with advancing age.

For the examination of persons not in custody, it is best to invite a specialist psychiatrist, a specialist psychologist or a psychiatrist with additional qualifications of a psychologist at the stage of preliminary investigation. Moreover, it is desirable to do this as early as possible, literally in the first days after the initiation of a criminal case.

In a criminal process, after an examination, which gave grounds for further research by a psychiatrist of the personality of the client, the appointment of an examination is inevitable. So that the forensic experts do not get the impression that they are being “pressed”, it is appropriate to ask the specialist to give the minimum detail of the disorders he saw. The forensic scientist will decide that he knows more and will identify more signs of disorders than a "private" specialist.