Košická bezpečnostná revue (Jun 2020)
Some comments on the opinion on the mental health of the accused in the area of sexual preference disorders
Abstract
The criminal trial in its evidence layer is based, among others on evidence from an expert opinion. In the Polish criminal trial, an expert opinion helps the trial authority in settling a specific case. Pursuant to the Code of Criminal Procedure (CCP), if the statement of circumstances that are significant for the resolution requires special information, an expert or experts are consulted. The legislator in art. 202 § 3 of the Code of Criminal Procedure imposes on the court, and in the preparatory proceedings on the prosecutor, the obligation to appoint an expert sexologist to provide an opinion on the state of mental health of the accused in the event of suspected occurrence of sexual preference disorders. Modern scientific achievements and new research methods give better opportunities to learn the truth. However, the issue of issuing such an opinion still raises a lot of controversy in practice. The considerations in this article relate to the issues and specificity of legal regulations regarding the issuing of opinions of a team of experts in crimes committed in connection with sexual preference disorders. The authors present practical aspects of opinions in this area, the functioning of legal provisions, as well as court ruling policy.
