关键词: 鉴定留置, 强制鉴定, 司法审查, 鉴定留置期间

Abstract: Retention for forensic medical examination is a measure to retain the defendant in a hospital or other places to identify his/her mental or physiological status. The existence of the retention is closely related to the development of forensic medicine, and in a sense, the immaturity of forensic medicine is the existing soil for the retention. Retention for forensic medical examination itself is an action affiliated to compulsive examination. It is part of the investigation process, not a punishment. Retention for forensic medical examination is the natural result of compulsive examination, which restricts the freedom of the defendant to some extent, and therefore should be subjected to the judicial review. Compulsive examination is an independent compulsive measure. It does not restrict defendant’s freedom so hard as custody. Besides, it may result in the reduction or exemption of the criminal liability of the defendant. Therefore, the duration of the retention for forensic medical examination under judicial review should be excluded from the custody period.

Key words: retention for forensic medical examination, compulsive examination, judicial review, retention duration