1When there are reasons to believe that, because of mental disorder caused after the event, the defendant is not able to participate in the proceedings, the court orders expert examination, even ex officio.
2During the expert examination, the court, upon request of the lawyer, acquires evidence that may lead to the acquittal of the defendant and, if delay may be prejudicial [for the evidence], any other evidence requested by the parties.
3When the need to ascertain the criminal liability arises during the preliminary investigation, the prosecutor, either ex officio or on the request of the defendant or his lawyer orders expert examination. In the meanwhile, the prosecutor performs only those actions, which do not require the conscious presence of the defendant. If delay may be prejudicial [for the evidence], evidence may be acquired if circumstances of pre-trial admission of evidence exist.
EN