司法精神病鉴定中被鉴定人也享有沉默权。因为享有沉默权的主体包括所有公民 ,使用的时机是任何有可能导致被追究刑事责任的时候 ,沉默权的效果之一是禁止使用麻醉分析方法收集证据。因此所有在麻醉分析过程中获得的材料都不得被作为证据采纳。但是鉴定结论可以作为专家证据由法庭决定是否采纳。 Judicial psychiatric appraisal in the appraisal also have the right to silence. Since the subject of right of silence, including all citizens, is to be used at any time that is likely to result in criminal liability being pursued, the right to silence has the effect of prohibiting the use of narcotic analysis to gather evidence. Therefore, none of the materials obtained during anesthesia analysis should be adopted as evidence. However, the conclusion of the appraisal can be used as expert evidence to decide whether to adopt or not.