23/02/2023 15:11

Collection of judgments with content regarding requests for psychiatric assessment in Vietnam

Collection of judgments with content regarding requests for psychiatric assessment in Vietnam

"I want to find judgments regarding the request for a psychiatric assessment. Thank you!" _ Mai Hang (Binh Duong, Vietnam)

Hello, Lawnet would like to send you some judgments regarding typical psychiatric assessment requirements as follows:

1. Judgment 196/2018/HS-PT dated October 22, 2018 on the crime of intentionally causing injury

- Level of trial: Appellate

- Judicial body: People's Court of Kien Giang province.

- Quote from the content: "After the first-instance trial, defendant Th's family submitted a medical record and a request for psychiatric assessment to the defendant. This is a new detail of the case, in order to ensure the interests of the accused and the objectivity and comprehensiveness of the case, the procedure-conducting agency needs to verify and clarify the mental status of the defendant Th. "

2. Judgment 90/2019/HS-PT dated November 26, 2019 on gambling charges

- Level of trial: Appellate.

- Judicial body: People's Court of Lang Son province.

- Quote from the content: "Based on the psychiatric medical record provided by the family of the accused Trinh Hong T, the People's Court of Cao Loc district has requested a psychiatric assessment of the accused Trinh Hong T.
The Investigation Police Agency of Cao Loc District Police has temporarily suspended the investigation of the case against defendant Trinh Hong T and conducted a psychiatric forensic examination."

3. Judgment 471/2017/HS-PT dated September 7, 2017 on crime of murder

- Level of trial: Appellate.

- Judicial body: High People's Court in Ho Chi Minh City.

- Quote from the content: "There is no basis for the lawyer's request for psychiatric assessment of defendant D; by all accounts, the defendant made a clear, coherent statement without any mental manifestations throughout the course of the investigation, prosecution, and trial."

4. Judgment 10/2018/HNGĐ–ST dated 14/11/2018 on divorce dispute

- Level of trial: First instance.

- Judicial body: People's Court of Da Huoai district - Lam Dong province.

- Quote from the content: "Mr. T1 did not agree to divorce but did not take any measures to resolve the husband and wife conflict but instead acted to exacerbate the husband and wife conflict."The fact that Mr. T1 believes that Ms. T asked for a divorce was because Ms. T suffered from depression, had distorted thinking and required a psychiatric assessment, which made the couple's relationship even more difficult to heal.

5. Judgment 26/2018/HS-PT dated 22/01/2018 on crime of murder

- Level of trial: Appellate.

- Judicial body: High People's Court in Ho Chi Minh City.

- Quote from the content: "At the appellate court session, Ms. M requested a psychiatric assessment of the defendant. The defense lawyer for the defendant, the defendant, and Mr. T1 requested not to undergo a psychiatric assessment of the defendant. Because defendant Duong Hoang L fully and fluently answered the questions of the Appellate Trial Panel and the Representative of the Procuracy, the Appellate Trial Panel agreed with the opinions of the Representative of the Procuracy, the defense lawyer for the defendant, Mr. T1 and the defendant, and decided not to conduct a psychiatric assessment of the defendant."

6. Judgment 97/2021/HS-PT dated October 13, 2021 on the crime of intentionally causing injury

- Level of trial: Appellate.

- Judicial body: People's Court of Binh Duong province.

- Quote from the content: "After the first-instance court heard the trial, the defendant filed an appeal, and at the same time, the defendant's family filed a request for psychiatric assessment of the defendant. On October 15, 2020, the People's Court of Binh Duong province issued the Decision to solicit expert examination No. 02/QD-TCGD to Solicit a Psychiatric Assessment of Defendant Chau Quoc H. On January 22, 2021, after receiving the conclusion of a psychiatric assessment, the People's Court of Binh Duong province issued a Decision to temporarily suspend the case and apply the measure of compulsory medical treatment to defendant Chau Quoc H. The defendant is mentally stable now."

Nguyen Thi Sang
106


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