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Doctor-medic Otilia GudanaPsychiatric expert opinions

Area of expertise

Forensic psychiatric questions in criminal and civil proceedings

Questions addressed

Law firms and parties to proceedings instruct forensic psychiatric expert opinions when the assessment of a mental disorder is material to the decision. Typical questions concern criminal responsibility under sections 20 and 21 of the German Criminal Code (StGB), fitness to stand trial and to serve a sentence, and the prognosis of future conduct. In civil law, capacity to contract and testamentary capacity are added.

Approach

The assessment follows the minimum requirements for criminal responsibility and prognosis opinions formulated in case law and specialist literature. It comprises the review of the case files, the personal examination, and a transparent derivation of the conclusions.

Instruction and examination

Instructions are accepted on a private or party-appointed basis, for example from the defence, counsel for the private accessory prosecution, or party counsel in civil proceedings. The expert answers the questions posed independently, and the outcome is determined only after the file review and examination. The use of a privately commissioned opinion in proceedings is decided by the instructing party within the applicable procedural law. Examinations take place in Munich, Frankfurt am Main, Konstanz and the Lake Constance region. External examinations, for example in a prison or hospital, are possible by arrangement and with the consent of the respective institution.

Professional basis

The requirements for this area are listed on the professional basis page: Criminal responsibility, Prognosis. For instructions see Process and fees.

Frequently asked questions

Which questions does a forensic psychiatric opinion cover?
Typical questions concern criminal responsibility under sections 20 and 21 StGB, fitness to stand trial and to serve a sentence, and the prognosis of future conduct. In civil law, capacity to contract and testamentary capacity are added.
Who can instruct the opinion?
Instructions are accepted on a private or party-appointed basis, for example from the defence, counsel for the private accessory prosecution, or party counsel in civil proceedings.
Where does the examination take place?
Examinations take place in Munich, Frankfurt am Main, Konstanz and the Lake Constance region. External examinations, for example in a prison or hospital, are possible by arrangement and with the consent of the respective institution.

Medically reviewed by Doctor-medic Otilia Gudana, as of 25.10.2026

Further areas of expertise

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