scholarly journals THE MODEL OF FORENSIC PSYCHIATRIC EVALUATION OF ABILITY TO REALIZE THE SIGNIFICANCE OF THEIR ACTIONS AND GOVERNE THEM BY PERSONS WHO HAVE COMMITED SEXUAL OFFENSES

2019 ◽  
pp. 844-850
Author(s):  
O. Kozeratska

The article gives the results of scientific research conducted within the framework of the doctoral thesis “Forensic psychiatric evaluation of persons who have committed sexual criminal offenses”. For the purposes of the study the author analyzed 287 cases of forensic psychiatric examinations regarding the subject, who committed the sexual offense and were at the forensic psychiatric examination in Kiev city center forensic psychiatric examination in 2000 to 2015 (16 years old). The study revealed the criteria of «limited responsibility» for the perpetrators of sexual crimes, offered a forensic psychiatric assessment model for ability to understand their actions and to govern them in individuals who have committed sexual offenses. Key words: forensic psychiatric examination, responsibility – limited responsibility – irresponsibility, sexual offenses.

2018 ◽  
Vol 3 (4) ◽  
pp. e0304134
Author(s):  
Elena Kozerackaya

The results of scientific research conducted within the framework of the doctoral thesis "Forensic psychiatric evaluation of persons who have committed sexual criminal offenses". For the purposes of the study the author analyzed 286 cases of forensic psychiatric examinations regarding the subject, who committed the sexual offense and were at the forensic psychiatric examination in Kiev city center forensic psychiatric examination in 2000 to 2016 (16 years). To determine the relationship between the degree of opportunities to realize their actions and manage the solution and expert author on the group - "responsibility" - was empirically selected group - "limited responsibility", which was formed artificially, based on the national concept of "limited responsibility". Revealed that the identified socio-demographic and clinicals in this scientific research  can be to determine critera "limited  responsibility" in forensic psychiatric examinations  persons who have committed sexual offenses .


World Science ◽  
2019 ◽  
Vol 2 (2(42)) ◽  
pp. 22-28
Author(s):  
О. А. Козерацька

The results of scientific research conducted within the framework of the doctoral thesis "Forensic psychiatric evaluation of persons who have committed sexual criminal offenses." For the purposes of the study the author analyzed 287 cases of forensic psychiatric examinations regarding the subject, who committed the sexual offense and were at the forensic psychiatric examination in Kiev city center forensic psychiatric examination in 2000 to 2015 (16 years). To determine the relationship between the degree of opportunities to realize their actions and manage the solution and expert author on the group - "responsibility" - was empirically selected group - "limited responsibility", which was formed artificially, based on the national concept of " limited responsibility ". Revealed that the identified socio-demographic and clinicals in this scientific research can be to determine critera " limited responsibility" in forensic psychiatric examinations persons who have committed sexual offenses.


2018 ◽  
Vol 3 (1) ◽  
pp. e030197
Author(s):  
Elena Kozerackaya

The results of scientific research conducted within the framework of the doctoral thesis "Forensic psychiatric evaluation of persons who have committed sexual criminal offences." For the purpose of the study, the author analyzed 279 cases of forensic psychiatric examinations of persons who committed the sexual offence and were at the forensic psychiatric examination in Kiev Center for Forensic Psychiatric Examination during 2001-2015 (15 years). To determine the relationship between the degree of opportunities to realize their actions/manage them and expert's conclusion, from the group of compos mentis was derived a group of partially compos mentis patients; it was formed artificially, based on the national concept of "limited sanity". As a result, we have identified socio-demographical and clinical criteria for "limited compos mentis" in forensic psychiatric examinations of persons who have committed sexual offences.


2020 ◽  
pp. 761-769
Author(s):  
O. Kozeratska

The article deals with the results of a scientific study carried out as part of a Doctor’s thesis “Forensic psychiatric assessment of persons who have committed a crime of sexual nature”. In order to achieve the goal of the study, the author analyzed 287 cases of forensic psychiatric examinations in relation to subjects who committed sexual offenses and were on forensic psychiatric examinations of an expert institution from the years 2000 up to 2015 (16 years). In order to determine the relationship between the degree of violation of the ability to be aware of their actions and to guide them and resolve expert issues by the author, from the group of “imputability” empirically a group of “limited imputability” was selected that was artificially formed on the basis of the domestic concept of “limited saneness”. It was established that the discovered clinical features in this scientific research can be used to determine the criteria of “limited imputability” in the forensic psychiatric evaluation of persons who committed a criminal crime of sexual nature.


2020 ◽  
Vol 73 (7) ◽  
pp. 1533-1538
Author(s):  
Sandra Kaija ◽  
Inga Kudeikina ◽  
Nataliya Gutorova

The aim: The aim of the study is to define the legal framework of forensic psychiatric examination commissioned by the court in relation to the competence of medical practitioners and the position of the subject as a patient in the process of forensic psychiatric examination in order to determine the correlation of special legal regulation with criminal and civil procedure regulation and to make proposals for the enhancement of the legal regulation. Materials and methods: This study is based on the analysis of international law, medical civil procedure and criminal procedure legislation, juridical practice, medical law legal doctrine. The following methods were used in this research: the method of interpretation of legal norms, analysis of legal acts, and the induction-deduction method, upon which the conclusions were drawn and recommendations were provided. Conclusion: The current regulatory framework does not provide for the procedure by which the subject’s medical treatment is conducted during forensic psychiatric examination, nor does it determine the criteria for the admissibility of treatment of the persons concerned and the extent of treatment. During the examination, the medical practitioner who is in the expert’s procedural position in relation to the subject under examination in the particular examination should not carry out the treatment of the subject.


2021 ◽  
pp. 002580242110498
Author(s):  
Goran Arbanas ◽  
Paula Marinović ◽  
Nadica Buzina

Introduction: Sexual violence is a substantial public health problem that is associated with a major impact on victims, and in Croatia, more than half of reported cases of sexual violence involve rape. To help understand their general profiles and consider any implications arising, the aim of this research was to describe the forensic psychiatric characteristics of people charged with rape. Methods: All evaluations of people charged with rape and sent for evaluation at the largest assessment centre in Croatia during the period 2010–2018 were analysed ( n  =  56). Results: Alleged offences most often took place in a perpetrator or victim's home (71%), while the next most frequent location was the street (15%). Over 80% of alleged victims were known to the accused. Alcohol use and abuse were present in 73% of the accused, and 29% were drinking at the time of the alleged offence. Alcohol-related disorders were presented in 38% of the accused, while 38% had a personal history of drug use, and antisocial and narcissistic personality disorders were present in 48% and 29%, respectively. Psychotic disorders were rare (1.8%). Most of the accused were found to be criminally responsible; however, forensic psychiatric assessment procedures were inadequate when considering psychosexual assessments. Conclusions: Interventions based around public health and education should be considered in this field, and forensic psychiatric assessments should be prioritized for improvement.


2017 ◽  
Vol 41 (S1) ◽  
pp. S589-S589
Author(s):  
J. Nunes ◽  
D. Figueiredo ◽  
T. Ventura Gil ◽  
M. Colón ◽  
A. Pissarra da Costa

The World Health Organization (WHO, 2006) defines sexual abuse as the involvement of a child in sexual activity that he or she does not fully comprehend, being unable to give informed consent to, or for which the child is not developmentally prepared, or else that violates the laws or social taboos of society. In Portugal, the law that regulates the sexual abuse of underage people (minors) is enclosed in crimes of sexual auto-determination, which are described as child sexual abuse (article 171°) and sexual acts with a teenager (article 172°), and those are applied to the person that has copulation, anal intercourse and oral intercourse with underage abusing from their inexperience. Our objective is to investigate the profile of sexual abusers of minors, namely, the socio-demographic features, clinical correlations, and the level of penal responsibility of sexual offenders who were referred by court to forensic psychiatric assessment in the Institute of Legal Medicine of the City of Coimbra. Moreover, verify if these individuals present mental disorders at the time of the offence. The present study is of descriptive nature, being based on the observation and consultation of 30 clinical processes of sexual abusers. All written reports were obtained from 2005 to 2015 by court-appointed psychiatric experts on individuals that have been charged of committing sexual crimes against minors and referred to the main forensic institute in the city of Coimbra. This study will contribute to the increase of more information on these offenders, promoting the development of more adequate contingency plans for this population.Disclosure of interestThe authors have not supplied their declaration of competing interest.


Author(s):  
Yurii Kozubenko

The article examines the conformity and interaction of the actual and procedural statuses of criminal procedure participants within the framework of the cross-cutting mechanism of criminal law regulation. The author concludes that standing arises at the time of the actual emergence of the ability to exercise procedural rights and bear the relevant duties, since the procedural status of a person is established on the basis of its actual position and is only drawn up by a procedural decision, but is not formed by it. The specifics of the person’s sanity at various stages of criminal procedure directly affects his procedural capacity. If a person has committed an act prohibited by criminal law in a state of insanity or he has a mental disorder after committing a crime, making it impossible to impose a sentence or execute it, then such a participant in criminal proceedings may be declared procedurally incompetent if his mental state does not allow him to exercise procedural rights, under Articles 46 and 47 of the Code of Criminal Procedure (part 1 of Article 437 of the Code of Criminal Procedure), or participate in a court hearing (part 1 of Article 441 of the Code of Criminal Procedure). In this case, the law enforcer every time when addressing this issue should resort to the help of experts involved in forensic psychiatric examination, and, if necessary, request a medical conclusion of a psychiatric hospital. Therefore, it would be wrong to assume that this participant in criminal proceedings is always procedurally incapable, since the criminal law aspect of a person’s irresponsibility is not always of legal importance in determining procedural capacity.


2014 ◽  
Vol 6 (3) ◽  
pp. 188-196
Author(s):  
A.D. Serov

We provide a definition of the concept of "cognitive distortions in the sexual sphere," reveal the relevance of the study of these distortions in the context of sexual offenses against minors. We briefly review the literature of research on the subject. We describe a research, the aim of which was to study a group of individuals who have committed sexual crimes against minors: how homogeneous is the sample in terms of the severity of the distortion. The group was divided into two subgroups: those who have been diagnosed with pedophilia, and those without pedophilia. The norm group also included persons who has never been prosecuted. To assess cognitive distortions in the sexual sphere we used SONAR method (The Sex Offender Need Assessment Rating). The obtained results confirm the importance of the factor of cognitive biases in the field of sexuality in the assessment of sexual crimes risk, as well as in the differential diagnosis of pedophilia.


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