The measure is conducted after obtaining the written consent of the person to be subjected to examination, expressed in the presence of a selected or court appointed counsel, before judicial bodies, and, in case of underage persons, in the presence of their legal guardian.
If during the criminal investigation a suspect or defendant refuses to be subject to an expert examination or fails to appear for examination before the forensic psychiatric examination committee, the criminal investigation body shall notify the prosecutor or the Judge for Rights and Liberties for the issuance of a bench warrant to bring them before the forensic psychiatric examination committee. If the forensic psychiatric expert examination committee deems that a more complex examination is necessary, which requires the medical admission of the suspect or defendant in a specialized medical institution, and they refuse such admission, the committee shall notify criminal investigation bodies or the court on the need to take an involuntary admission measure.