Exploring Competency to Stand Trial and Criminal Responsibility of Mentally Disordered Defendant in Psychiatric Evaluation
Mentally disordered persons may commit crimes because they may have loss or decrease of ability of appreciation or control of behavior due to mental disorders. Therefore many countries have enacted certain special articles in criminal procedure law and criminal law by following their criminal-justice policy to maintain the fairness of trial and protect the rights/interests of mentally disordered defendants. Whereas the mental status related with competency to stand trial and criminal responsibility is the expertise of psychiatrists upon whom the courts heavily depend by psychiatric evaluation. Otherwise, the objectives that maintain the fairness of trial and protect the rights/interests of mentally disordered defendants can’t be accomplished as always expected. This article is to explore the method how to materialize the above mentioned objectives.