Art. 646 Examination by physician retained by defense or district attorney

When a court orders a mental examination in a criminal case, both sides still have the right to get their own separate exam done. The defendant can hire their own doctor or mental health expert to examine them, and the prosecutor can do the same thing. The court's order for an exam doesn't take away this right from either side.

This means if you're the defendant, you're not stuck relying only on the court-appointed examiner's opinion. You can bring in your own expert to do a separate evaluation. The same goes for the prosecution. Whichever expert either side chooses must be given reasonable access to the defendant so they can actually complete the examination properly.

This rule exists so both sides get a fair chance to build their case around the defendant's mental state. Mental health evaluations can affect major decisions in a case, like whether someone is competent to stand trial or whether they can be held responsible for their actions. Letting each side bring in their own expert helps make sure the process is balanced and not just based on one person's opinion.