Latin American aspects of refusal to undergo court-ordered forensic psychiatric examination

Abstract

Forensic psychiatric examinations have gained increasing importance in many areas of the law. When individuals refuse to undergo court-ordered examinations of this kind, experts have to solve the tension between ethical and technical problems and judicial requirements. The purpose of this review is to obtain research information and standards related to refusal to undergo court-ordered forensic psychiatric examinations.

In Latin American countries, the literature on this subject is limited. The dominant position is that court-ordered examinations should be conducted even when the individual refuses to undergo examination, following technical and ethical considerations.

Experts should consider the mental competency of individuals and whether they pose a danger to themselves or others. In cases when the defendant refuses to undergo a court-ordered psychiatric examination, the expert, in collaboration with the judge, should decide upon an appropriate and reasonable means to conduct such an evaluation.