Der patient vor gericht: Verhandlungs-und vernehmungsfähigkeit

Introduction: Fitness to undergo interrogation is considered to be the capacity to understand the meaning of questions posed during police investigations and in court, and to answer such questions meaningfully. In a civil court procedure, fitness to undergo trial is equivalent to the capacity to participate in legal proceedings. The capacity to undergo legal proceedings is related to contractual capacity. In penal law, fitness to undergo trial refers to the accused in criminal proceedings (principal proceedings). Methods: Selective literature review. Results/Discussion: The German Federal High Court of Justice (BGH) defines fitness to undergo trial as a state of mental clarity and freedom, such that it is possible to proceed against the accused according to criminal law. He or she must be in a position to represent his or her own interests reasonably, to maintain his rights, to conduct his defence in a reasoned and understandable manner and to deliver procedural declarations as well as to understand such declarations. In addition, the carrying out of the principal proceedings may not endanger his life nor result in irreparable severe damage to his health.