Janků K, Kukleta M, Humpolícek P, Svoboda P, Sas I, Zámecník M
Traumatologická klinika LF MU, Brno.
Cas Lek Cesk. 2008;147(5):278-83.
A court-sworn medical expert is sometimes authorized to pass a medical judgement, whether an older, from serious diseases suffering accused is able to take part in the criminal trial proceedings. The court-sworn medical expert is required to consider the accused's fitness, his mental and physical ability to appear in court, to understand the trial, to answer the questions of the judge, to defend himself, to put questions and objections against the witness's testimony, etc. Such medical expert's opinion is usually a task for a psychiatrist. Judgement of the ability of the accused to take part in the main court trial is of another character, especially when the accused is suffering from a serious disease, e.g. cardiovascular, pulmonary, gastrointestinal, haematological, tumorous or other. In this case the medical judgement is usually required from a doctor of internal medicine. Nevertheless, this is not an easy task for him. As far as these problems are concerned, the expert gathers only little experience of his own during his juridical practice. Similar cases have been extremely sporadically published in medical or juridical literature and if, then in common sense only. It is evident that the expert must face any possible aggravation of the accused's difficulties. At the same time the expert ought to take care lest the court trial should be inadequately extended and even should prevent the accused's avoidance in the main court trial. This paper tries to determine the basic rules for the court-sworn experts in the branch of internal medicine and would like to facilitate them to judge under which circumstances a seriously ill accused may appear in trial proceedings without exposing him to a serious damage of his health or even endangerment of his life.
经法庭宣誓的医学专家有时被授权做出医学判断，即患有严重疾病的老年被告人是否能够参与刑事审判程序。经法庭宣誓的医学专家需要考虑被告人的健康状况、其出庭的心理和身体能力、理解审判的能力、回答法官问题的能力、自我辩护的能力、对证人证言提出问题和异议的能力等。这种医学专家意见通常是精神科医生的任务。判断被告人参与主要庭审的能力则具有另一种性质，尤其是当被告人患有严重疾病时，例如心血管疾病、肺部疾病、胃肠道疾病、血液疾病、肿瘤疾病或其他疾病。在这种情况下，通常需要内科医生做出医学判断。然而，这对他来说并非易事。就这些问题而言，专家在其司法实践中积累的自身经验很少。类似的案例在医学或司法文献中极少发表，即便发表，也只是常识性内容。显然，专家必须面对被告人可能出现的任何困难加剧情况。同时，专家应当注意避免庭审过度延长，甚至要防止被告人在主要庭审中逃避。本文试图确定内科领域经法庭宣誓专家的基本规则，并希望帮助他们判断在何种情况下重病被告人可以在不严重损害其健康甚至危及生命的情况下参与审判程序。
