Oregon Statutes 161.360 – Qualifying mental disorder affecting fitness to proceed
Current as of: 2023 | Check for updates
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(1) If, before or during the trial in any criminal case, the court has reason to doubt the defendant‘s fitness to proceed by reason of incapacity, the court may order an examination in the manner provided in ORS § 161.365.
Terms Used In Oregon Statutes 161.360
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) A defendant may be found incapacitated if, as a result of a qualifying mental disorder, the defendant is unable:
(a) To understand the nature of the proceedings against the defendant;
(b) To assist and cooperate with the counsel of the defendant; or
(c) To participate in the defense of the defendant. [1971 c.743 § 50; 1993 c.238 § 1; 2017 c.634 § 14; 2021 c.97 § 16]