End of Post-Graduate Certificates: Justice Ministry Overhauls Expert Witness Rules in Criminal Procedure Code

A new legislative bill proposes that only state-certified psychosexologists and medical sexologists may issue critical expert opinions in criminal cases involving sexual preference disorders.

Chaos in Nomenclature and Lack of Uniform Standards

In addition to medical sexologists, only psychosexologists who have passed a state examination should be authorized to issue opinions regarding the sexual preference disorders of accused persons, according to a draft amendment to the Code of Criminal Procedure and other acts that entered consultation and review this week.

The Ministry of Justice, which prepared the bill, noted that current regulations exhibit inconsistent terminology when indicating which certified specialist is authorized to issue opinions on persons with sexual preference disorders for judicial proceedings.

Individual legal acts mention, alongside medical sexologists, a sexologist psychologist, a certified sexologist psychologist, and a psychosexologist. Furthermore, as noted in the justification, one provision of the Code of Criminal Procedure completely omitted psychologists in the context of issuing such opinions.

State Examination as a Prerequisite for Court Opinions

The proposed changes to the Code of Criminal Procedure aim to resolve this problem by standardizing the terminology regarding which specialists—aside from medical sexologists—are authorized to issue opinions on individuals with sexual preference disorders for specific court proceedings.

Additionally, the bill stipulates that psychologists would be authorized to issue these opinions exclusively if they are psychosexologists “whose knowledge has been verified on a formal-legal basis within the framework of state procedures provided for this type of specialization.” This refers to individuals who obtained the title of specialist in the field of psychosexology after passing a state specialization examination.

Remote Courses Without Practical Training Under the Justice Ministry’s Scrutiny

The bill’s authors point out that obtaining the title of medical sexologist requires a total of at least 14 years of theoretical and practical training, including passing various state examinations three times. Meanwhile, they emphasize that “individuals using the title of sexologist psychologist do not have to (…) meet any formal requirements to acquire this title, and obtaining it can happen in two ways.”

First, a psychologist can obtain this title under the act on obtaining the title of specialist in fields applicable to healthcare. In this case, they must complete a four-year specialized training program with practical elements, or alternatively obtain recognition of their previous achievements as equivalent to completing such training. In both instances, passing the State Specialization Examination in the given field (PESoz) is required.

The second way to obtain a psychosexology title—described as common and extremely abbreviated compared to the first—is for a master of psychology to complete post-graduate studies or sexology training organized by any training entity.

Such studies or training usually last two or three semesters, are often conducted remotely, and lack practical aspects. Furthermore, “there are no regulations standardizing the post-graduate training program in the field of sexology.”

High Stakes: Opinion Quality Dictates Indefinite Isolation

The bill’s authors also noted that a psychologist’s professional qualifications are not confirmed by passing a state exam, “but result from being granted by entities conducting post-graduate training.” They stressed that “post-graduate studies or training do not have the status of vocational training, and therefore do not entitle the graduate to use the title of »sexologist«.”

“Individuals completing such post-graduate training in clinical sexology very frequently apply for entry onto court expert lists without possessing practical competencies, and often without reliable theoretical foundations to issue relevant opinions,” assessed the authors of the bill. They indicated that this directly impacts the quality of these opinions, affecting court rulings and potentially leading to severe consequences for the individuals concerned, including indefinite deprivation of liberty.

Opinions regarding sexual preference disorders are used, among other things, when adjudicating preventive supervision or post-penal isolation in the National Center for the Prevention of Dissocial Behaviors in Gostynin for dangerous individuals after they serve prison sentences.

Long Vacatio Legis and Time to Take Examinations

The proposed act would enter into force on January 1, 2029. The authors explained that this long vacatio legis accounts for individuals who previously used the title of sexologist psychologist and issued opinions on sexual preference disorders without having obtained the title through a state examination.

Deferring the entry into force of the act is intended to allow these psychologists to prepare for and pass the State Specialization Examination (PESoz) to obtain the title of “specialist psychologist in the field of psychosexology,” which is necessary to continue issuing opinions after the amendment takes effect.

Letters directing the bill for review and consultation allocated 30 days to submit potential comments on the proposed changes.