Resumo

GARCIA GARDUZA, Ismael. “Fitness to declare”: Psychiatric or forensic medical diagnosis?. Rev. Fac. Med. (Méx.) [online]. 2015, vol.58, n.2, pp.5-16. ISSN 2448-4865.

In Mexico, the introduction of the new accusatory penal system and its principle of orality creates the need for those involved in it to be apt to declare, but the lack of a legal definition and medical criteria to determine it makes the district attorneys request it indiscriminately; thus, physicians assigned to the Police Department perform its determination under requirement applying their particular criterion.

Objective: To present what the concept “able to declare” means, when to apply it, to whom it should be determined, what skills are involved in the ability for an individual to participate in a legal process, the procedural times to be evaluated, how to raise awareness or understanding in the individual, what is the procedure to set it, what professional must establish it and who should state the outcome.

This information is essential in order to achieve standardization regarding the manner and time in its application by the authority and the procedure to be performed by medical examiners and psychiatrists to determine it and express it.

Palavras-chave : Fitness; psychiatry; forensic medicine; mental state.