«PRESUMPTION OF MENTAL HEALTH»: FROM THE UNIQUE JUDICIAL PRECEDENT TO ROUTINE PRACTICE

In the article the case of posthumous forensic-psychiatric examination of person L. about recognition of the last will signed by him is described as invalid. Experts-psychiatrists came to conclusion about presence at L. of diagnosis - «not specified organic mental disorder in connection with the mixed diseases» (F06.98). In the resulting part of the conclusion experts specified that «the commission of experts cannot authentically speak L.’s ability to understand value of the actions and to direct them during the certificate of the will …» for the reason that «in medical documentation there is no description of a mental state as during the period as close as possible to the period of the certificate of the will, and directly at the time of signing of the will». The judgment was made on the basis of the principles «a presumption of mental health» and «a sanity presumption» to which as opposed the independent expert referred. On the basis of a unique judicial precedent the conclusion about need of expansion of use of these principles is drawn.

psychiatric diagnostics, forensic-psychiatric examination, «presumption of mental health», «sanity presumption»