Mental disease or defect excluding fitness to proceed
(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 (Procedure for determining issue of fitness to proceed).
(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]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information