Comparison of adult defendants' forensic psychiatric evaluation in criminal courts between Mainland China and Taiwan China: From law to clinical practice

Abstract

The defendant's mental capacity is often crucial in criminal procedure, and an expert witness may be requested to conduct a forensic psychiatric evaluation. This paper analyzes the law and clinical practice of adult defendants' forensic psychiatric evaluation in criminal courts between Mainland China and Taiwan China. Results indicated that the law in Taiwan China explicitly mentioned more mental illness and mental capacity than the law in Mainland China regarding forensic psychiatric evaluation. Concerning expert witnesses, Mainland China has established a registration and management system, but in Taiwan China, the judge decides the expert witness's admissibility. Furthermore, clinical evaluation guidelines have been promulgated in Mainland China, while none in Taiwan China. Implications of the findings were discussed.