<- Home <- Arhive <- Vol. 26, Issue 3, September 2018

Rom J Leg Med26(3)314-318(2018)
© Romanian Society of Legal Medicine

Juridical value of the psychiatric expertises related to the decisions of the court magistrates

D. I. Ureche, C. Rebeleanu, O. Chiroban, I. Micluția, C. Siserman

Abstract: The forensic psychiatric expertise is a document of extreme importance in the judicial activity by the fact that it can establish adjuvant circumstances in making a court decision. However, there are situations when the conclusions of a forensic expertise report are not taken into account for various legal considerations. The aim of this article is to undeline the importance of the proper assessment of questions by the court, the necessity of understanding of the medicolegal notions and terminology by the magistrates We underline that such a forensic expertise report has all the surety features, because it is carried out in a multidisciplinary comission consisting of one or two medicolegal experts, two psychiatrists and usually a psychologist. The examination of a person is performed in the comission resulting a psychiatric diagnosis based on which the mental capacity of the examined person is assessed by the medicolegal experts. In this paper we present four case studies in which, from a legal point of view, in court, the forensic psychiatric expertise lost its value simply because it was not understood, was superficially examined or considered not to bring significant elements without any justification for this. Subsequently, new reports of psychiatric forensic expertise with the same objectives within the same forensic institution were requested. In such situations, we consider that the importance of the forensic examination carried out in a multidisciplinary commission or the recommendations set by it in the conclusions are considered somehow to be irrelevant
Keywords: forensic psychiatric expertise, mental state, forensic commission, magistrates.

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