The forensic psychiatric evaluation

What it is

In a forensic psychiatric evaluation the doctor acts as an expert, not as the treating doctor, and the person examined must know that what they say may reach the proceedings. Typical questions are the mental state at the time of the act (criminal responsibility), the current mental state (for example, to take part in the proceedings), capacity for a legal act, or psychological after-effects in a victim. The evaluation combines interview, mental state examination, review of the medical record and case documents, third-party information and, when needed, psychological tests and repeated observation. In Colombia the expert describes the disorder and its effect on understanding and self-control, but gives no opinion on whether the accused is inimputable (Law 906 of 2004, art. 421).

What to document

• The authority's question, copied exactly as received.
• Sources and dates of each interview, document and test used.
• Mental state examination with findings described, not only diagnostic labels.
• The link between the disorder and the capacity to understand the unlawfulness and to control one's conduct, without using «inimputable» as the conclusion (Law 906, art. 421).
• Assessment of possible malingering and of substance use.
• Any need for treatment, even if nobody asked.

How it is done

1. Read the authority's request and note the exact question: time of the act, current state, capacity or after-effects.
2. Review the available file: medical record, previous reports, witness accounts and case documents.
3. Explain to the person who requested the examination, that it is not a treatment visit and that what they say may reach the proceedings.
4. Do a full interview and mental state examination, with psychiatric history, substance use and personal history.
5. Reconstruct the mental state at the time of the act from all sources, not only the person's own account.
6. Seek third-party information and previous records, weighing any interest those sources may have in the case.
7. Request psychological tests or repeated observation if the diagnosis or possible malingering remains unclear.
8. Write the report: sources, methods, diagnosis, link between disorder and capacities, limits and need for treatment.

Next step: what to do and document

• Record in writing that the person was told the purpose of the examination and the limits of confidentiality.
• If you find a risk of suicide or violence, start mental health care as well as informing the authority.
• If the person has a disability, offer communication adjustments: disability is not presumed to mean incapacity (Law 1996 of 2019, art. 6).
• Keep interview notes and test results: they may be requested during cross-examination.
• Official text checked on 2026-11-05 at funcionpublica.gov.co (Law 906 of 2004 and Law 1996 of 2019).

Common mistakes

• Mixing the roles of treating doctor and expert with the same person.
• Basing the conclusion only on the person's account, without outside sources.
• Confusing the current mental state with the state at the time of the act.
• Answering the legal question (imputable or not) instead of the medical one.
• Labelling someone a malingerer without a systematic assessment.

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Elsewhere in DurgiPedia

• Decision-making capacity (competence) and how to assess it

Connections

← All of forensic medicine

Educational content on forensic and legal medicine; not legal advice and no substitute for the technical guides of Colombia's National Institute of Legal Medicine and Forensic Sciences. Laws change: each page links the official text and says when it was last checked. For a real case, follow the guide in force and ask the competent authority.

Sources: Ley 906 de 2004, Código de Procedimiento Penal (Función Pública, Gestor Normativo, 2004); Ley 1996 de 2019, régimen para el ejercicio de la capacidad legal de las personas con discapacidad mayores de edad (Función Pública, Gestor Normativo, 2019); Forensic evaluations in psychiatry (Chadda RK, Indian Journal of Psychiatry 2013;55(4):393-399) (PubMed Central, 2013).

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