The Forensic Psychiatric Expertise in Romania: The Legal Medicine Implications

2018 ◽  
Author(s):  
Cristina Gabriela Schiopu
2017 ◽  
Vol 41 (S1) ◽  
pp. S592-S592
Author(s):  
M. Turki ◽  
N. Charfi ◽  
M. Maalej Bouali ◽  
J. Ben Thabet ◽  
N. Zouari ◽  
...  

IntroductionEpidemiological studies in the general population confirm the indisputable link between criminological dangerousness and mental disorders especially anti-social personality, which increase clearly the prevalence of violent behavior.AimTo dress socio-demographic, clinical and medico-legal profile of offenders, with anti-social personality, in forensic psychiatric examination.MethodsIt was a retrospective study of a series of 195 patients with antisocial personality (DSM-IV). They were examined, during the period, from 2009 to 2013, on the occasion of a penal expertise in the department of psychiatry C in the Hedi Chaker university hospital, Sfax, Tunisia.ResultsThe mean age of patients at the offense moment, was 29.58 years, with a sex ratio of 26.85. Among them, 66.2% were single, 49.2% had a primary school level and 41% had no profession. Between the patients, 58.5% lived in urban area and 38.5% in a high crime area. Addictive behaviors were reported in 80% of cases. Self-injury behaviors were noted in 33.8% of offenders. Psychiatric histories were reported in 66.2%, and 25.6% of patients have been already hospitalized in psychiatry department. 64.1% had already committed forensic acts, and 36% had been imprisoned at least once. The current offense was: homicide 16.9%; sexual offense 9.2%; violence 18.5%; theft 30.2%. The offense was related to impulsivity (40%) or utilitarian purpose (39%).ConclusionA young single man with no profession, a limited educational attainment and a history of impulsive behaviors, such is the profile most frequently encountered among offenders with anti-social personality. Interventions for reducing forensic behavior should focus on those social and clinical characteristics.Disclosure of interestThe authors have not supplied their declaration of competing interest.


2020 ◽  
Vol 8 (1) ◽  
pp. 60-72
Author(s):  
Simona Irina Damian ◽  
◽  
Mădălina Maria Diac ◽  
Anton Knieling ◽  
Tatiana Iov ◽  
...  

Psychiatric forensic expertise is a type of evidence with a high degree of scientificity, objectivity and credibility, which places it at the top of the evidence hierarchy in criminal proceedings. The practice of the courts reveals a series of cases in which the conclusions of the psychiatric forensic examination were not taken into account at the time when the court issued a verdict, considering that the grounds on which the expertise was eliminated as relevant evidence in those cases is sometimes debatable. This article analyses the probative value of forensic psychiatric expertise from the perspective of the conflict that arises in judicial practice between the principle of scientificity of the evidence and the principle of sovereignty of the judge in assessing the evidence. It analyses the effects that scientificity has on the judge's actual possibility of assessing conclusiveness of the expertise by comparison with other evidence. The conclusions are that the psychiatric forensic expertise has the greatest probative force among all the evidence that could attest to the mental state of the victim or the accused; this evidence can be disregarded by the court at the time of ruling only if there is evidence with equal probative value to combat it; ordering new evidence by the court (supplements to expertise, new expertise, objections, requesting clarifications from the expert) to verify the credibility of the conclusions of the initial expertise should be done only after ensuring a framework that guarantees the compliance with the principle of scientific management of evidence.


Author(s):  
Sherif Soliman ◽  
Phillip J. Resnick

As the population ages, expertise in addressing forensic psychiatric issues that arise in the geriatric population is becoming increasingly important. These include the need for guardianship, contractual capacity, testamentary capacity (capacity to make a will), and undue influence. Legal decision-makers frequently rely on psychiatric expertise. The geriatric-forensic psychiatric report is a key part of communication between the medical and legal professions. Often the report is the doctor’s only opportunity to communicate his or her opinion, since the vast majority of cases do not go to trial. This chapter focuses on planning, writing, and editing forensic psychiatric reports regarding geriatric issues. Basic principles of writing for a legal audience are discussed and how these principles apply to forensic psychiatric reports involving the elderly. The chapter offers recommendations for each stage of the writing process and discusses common pitfalls in writing forensic reports.


Author(s):  
A.M. Bychkova ◽  
◽  
O.P. Vorsina ◽  

The subject of the research is the postmortem combined psychological and psychiatric forensic expertise in cases of juvenile suicide. The authors reveal the legal basis for conducting examinations of this type; the content of complexity signs; the specifics of the subject of forensic psychological, forensic psychiatric and combined forensic psychological and psychiatric expert examinations. They point out that the expertise under consideration is a necessary stage of investigation of criminal cases on a number of articles of the Criminal code of the Russian Federation, and the quality of the examination is directly related to truth-seeking and that this statement fully applies to criminal cases on the facts of juvenile suicide. In order to study the practice of setting and carrying out the expertise of this type in cases of juvenile suicide, the authors studied 30 acts of postmortem examinations obtained by random sampling. The article presents the analysis of typical questions that were put to the experts, and the recommendations on the optimal formulation of these questions in order to fully identify the circumstances that are important for the cases. The authors note that the situation is unsatisfactory when the complexity of the postmortem forensic psychological and psychiatric expertise, in fact, is replaced by a set of two examinations: psychological and psychiatric.


2016 ◽  
Vol 33 (S1) ◽  
pp. S459-S459
Author(s):  
K. Hajji ◽  
I. Marrag ◽  
R. Ben Soussia ◽  
S. Fathallah ◽  
M. Nasr

IntroductionSeveral studies suggest the existence of a relationship between major mental disorders and crime. However, it is important to emphasize that violent behaviors do not affect all patients and that issues of criminality among mentally ill persons only represents a small proportion.AimsThe objective of this study is to establish the general and clinical profile of perpetrators of sexual and physical assaults.MethodsThis is a retrospective study of the records of forensic psychiatric expertise, conducted in the psychiatry department of the University Hospital of Mahdia during the period from May 1st 2000 to May 31st 2013.ResultsThe general profile of the population the study was characterized by a mean age of 39 years, a sex ratio of 8.25, unemployment in 73% of cases and by the presence of a psychiatric personal history 54% of cases. Sexual and physical assaults accounted for 54.5% of cases. It was essentially in descending order: assault and battery (65%), rape (16.2%) and incest (5.4%). As for the clinical profile, schizophrenia and epilepsy were recorded each in 13.5% of cases, major depressive disorder in 8.1% of cases, bipolar disorder in 5.4% and substance abuse in 5.4% of cases. A personality disorder was observed in 48.6% cases, essentially antisocial personality (55%). Comorbidity with addictive behavior was observed in 56.7% of cases.ConclusionIt is necessary to characterize a subgroup of patients with mental disorders, likely to commit violent crimes, in order to prevent acting out behaviors and adapt their management.Disclosure of interestThe authors have not supplied their declaration of competing interest.


2011 ◽  
Vol 139 (suppl. 1) ◽  
pp. 46-51
Author(s):  
Milan Stojakovic

Introduction. This article presents our experiences in the field of forensic post-traumatic stress disorder (PTSD). Objective. The study examined parameters of 30 patients with PTSD who were the subject of forensic expertise (PTSDF) and in 30 patients with PTSD who were not (PTSDN). Methods. Clinical research and the battery of tests (Impact of Event Scale - IES, Mississippi Scale, and list of symptoms of PCL-M) covered a total of 60 male subjects with a verified diagnosis of PTSD. The study involved socio-demographic variables, catastrophic experience, enduring personality change after catastrophic experience (EPCACE), comorbidity disorders and non-material damage. Results. In terms of respondents? average age, years of education, marital status, time of military engagement, there were no statistically significant differences between PTSDF and PTSDN groups. In terms of EPCACE statistically significant differences were found in both PTSDF and PTSDN groups. Among PTSDF respondents (N=30) EPCACE was verified in 83.33% (N=25), and among PTSDN in 23.33% (N=7) (p<0.05). In terms of comorbidity disorders and the parameter of non-material damage no statistically significant differences were found either in PTSDF or PTSDN group. Conclusion. In terms of EPCACE there were statistically significant differences both in PTSDF and PTSDN group. Forensic and psychiatric meaning of PTSD encompasses a number of complex elements on which forensic expert opinion depends, while the existence of PTSD diagnosis itself does not affect creation of opinions. The study should serve to identify methodological and conceptual problems in the field of forensic aspects of PTSD.


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