Questão jurídica principal
Whether the criminal investigating judge could order a psychiatric expertise despite a prior civil expertise ordered by the Justice of Peace.
Decisão extraída
Yes. The civil and criminal proceedings serve different purposes and answer different questions; a criminal expertise was justified to assess criminal responsibility, especially given a suspicion of diminished responsibility.
Fundamentação extraída
The court held that the appellant confused two separate proceedings governed by different rules. The civil expertise assessed discernment, whereas the criminal expertise concerned responsibility at the time of the acts. On the file, the criminal expertise was warranted under the suspicion of diminished responsibility.