During criminal proceedings, a victim may be subjected to clinical examinations that are not combined with a surgical procedure or observation in a medical facility. Although the regulation in Article 192(1) of the Code of Criminal Procedure seems quite concise and clear, it raises many problems, both of a legal and psychological nature. The main doubts arise with regard to the interpretation of the conditions which make clinical examination of the victim possible and the admissible scope of such examination. In this paper, the authors focus on subjecting the victim to clinical examination under Article 192(1) of the Code of Criminal Procedure – in the context of assessing their mental health, including determining any mental disorders or conditions whose presence may be important from the point of view imposing penalties. As practical experiences show, the application of Article 192(1) of the Code of Criminal Procedure gives rise to numerous difficulties in the context of interpreting the grounds for conducting clinical examinations, their actual conduct and evaluation of their advisability, as well as assessing the risks of victimisation and traumatisation. Given the special importance of clinical examination of victims in criminal proceedings, the purpose of this study is to develop and analyse the doubts that arise in practice on the basis of the currently applicable Article 192(1) of the Code of Criminal Procedure.
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