ABSTRACT

From the perspective of psychiatry, the subject of legal capacity of a person mainly concerns the description of their mental condition, which shows the scope of their cognitive competences and abilities to understand their situation and manage their behaviour. The greatest challenge in the process of assessing legal capacity from a psychiatric perspective is to determine to what extent the deterioration of mental health may affect the understanding of the consequences of one's actions and the management of one's behaviour. If a person experiences disturbance of consciousness, it appears obvious that their legal capacity is difficult to determine as a person in such a state may not react to pain stimuli. A voice that would tell a person with psychotic depression to kill themselves and their loved ones is a circumstance that would certainly affect the assessment of legal capacity.