Grinspoon A, Levy A, Lerner Y, Bleich A, Kotler M
Harefuah. 1989 Apr 16;116(8):405-7.
Military law does not invest physicians with the authority to determine whether a soldier is competent when faced with military arrest, as this is a legal determination. Therefore, medical (or psychiatric) examination carried out before or during military arrest or detention, is aimed at preventing deterioration in the health of the imprisoned soldier. Hence, medical opinion serves only as a "credential" of sorts, the formal language of the military law. In reality, the examining psychiatrist has to consider many factors, including the probability that his conclusions will provide an important basis for the decision of the military legal officer as to whether to enforce military arrest. To illustrate the complicated considerations facing military psychiatrists, several case reports are presented of patients examined in the Israel Defence Forces central psychiatric clinic as to competency for military arrest.
军事法并未赋予医生在士兵面临军事逮捕时判定其是否具备行为能力的权力,因为这是一项法律判定。因此,在军事逮捕或拘留之前或期间进行的医学(或精神病学)检查,旨在防止被监禁士兵的健康状况恶化。所以,医学意见仅作为一种“凭证”,是军事法的正式用语。实际上,进行检查的精神科医生必须考虑诸多因素,包括其结论为军事法律官员决定是否实施军事逮捕提供重要依据的可能性。为说明军事精神科医生面临的复杂考量,现列举以色列国防军中央精神病诊所就军事逮捕行为能力对患者进行检查的几例病例报告。