(1) If, before or during the trial in any criminal case, the court has reason to doubt the defendantís fitness to proceed by reason of incapacity, the court may order an examination in the manner provided in ORS 161.365.
(2) A defendant may be found incapacitated if, as a result of mental disease or defect, the defendant is unable:
(a) To understand the nature of the proceedings against the defendant; or
(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]Section: Previous 161.336 161.340 161.341 161.345 161.346 161.350 161.351 161.360 161.365 161.370 161.375 161.380 161.385 161.387 161.390 Next
Last modified: August 7, 2008