Rectifying forensic and forensic psychiatric examination activities

(Chinhphu.vn) - In the face of a number of serious incidents in the fields of forensic examination, forensic psychiatry and compulsory mental health treatment recently, the Ministry of Health requires medical units to urgently tighten management to prevent exploitation and evasion of criminal responsibility.

Rectifying forensic and forensic psychiatric examination activities

The Ministry of Health requires hospitals, forensic psychiatric institutes, and health departments of provinces and cities to deploy a series of urgent measures to tighten forensic examination and forensic psychiatric examination activities and to enforce psychiatric treatment.

Deputy Minister of Health Do Xuan Tuyen emphasized that units must strictly implement Directive No. 07/CT-BYT dated September 9, 2024 of the Minister of Health.

Receiving requests for appraisal must be done objectively, honestly, accurately, in accordance with procedures and current regulations. Appraisal procedures must strictly comply with Circular No. 23/2019/TT-BYT, Circular No. 42/2024/TT-BYT and related documents. In particular, appraisal conclusions and appraisal objects must only be handed over to competent individuals and organizations in accordance with the provisions of law.

The Deputy Minister of Health also requested that mental health examination and treatment facilities only issue medical records summaries and health certificates with psychiatric content when they ensure compliance with professional regulations. It is strictly forbidden to design a mental health certificate form or conduct a mental health examination at facilities that have not been declared qualified according to the provisions of Decree 96/2023/ND-CP.

Heads of relevant units and individuals will be held fully responsible if they allow the issuance of documents in violation of regulations, creating conditions for suspects and defendants to take advantage of the situation to undergo psychiatric evaluation in order to evade or reduce criminal responsibility.

The Ministry of Health also requires forensic facilities and psychiatric hospitals to closely coordinate with investigative agencies and the Procuracy in the process of conducting appraisals. At the same time, only accept appraisals when the records are complete according to regulations, avoid assisting in acts of intentionally "running" psychiatric records; strengthen internal inspection and supervision, promptly detect and handle violations.

For facilities that require compulsory mental health treatment, the Ministry of Health requires strict implementation of the provisions of Decree No. 64/2011/ND-CP and related documents. In particular, it is important to ensure complete records upon admission, increase consultation, and inter-hospital consultation if necessary to suspend treatment in accordance with regulations.

Regarding security, the units must ensure strict monitoring procedures with three layers of doors and a camera surveillance system, not allowing patients to leave the facility or escape without permission. When disorder occurs, the facility must immediately report to the police for coordination in handling, avoiding serious consequences.

The Deputy Minister of Health emphasized that mental health examinations should not be conducted indiscriminately and without control at unqualified facilities. The issuance of certificates must be carried out at facilities that are declared qualified according to the provisions of law.

The Ministry of Health also requested the entire sector to urgently deploy the directive to all forensic centers, psychiatric hospitals and psychiatric clinics under its management. Any violations will be strictly handled according to the authority.

HM

Source: https://baochinhphu.vn/chan-chinh-hoat-dong-giam-dinh-phap-y-phap-y-tam-than-102250619184933967.htm