Open AccessThe barrier between irresponsibility and responsibility. considerations regarding the forensic psychiatric expertisein criminal law
Author(s) -
Marcela Şomicu
Publication year - 2021
Publication title -
supremaţia dreptului
Language(s) - English
Resource type - Journals
eISSN - 2587-4128
pISSN - 2345-1971
DOI - 10.52388/2345-1971.2021.1.15
Subject(s) - discernment , punishment (psychology) , psychology , diminished responsibility , criminal responsibility , mental illness , forensic psychiatry , insanity defense , criminal law , liability , mental state , criminology , law , social psychology , mental health , psychiatry , insanity , political science , philosophy , epistemology
The irresponsibility from a medico-legal point of view is supported by the following criteria: non-formation of critical discernment; severe psycho-sensory or mental disability; altering the levels of elementary consciousness and operational logic; the psychopathological motivation of the moment of committing the antisocial act and of the deviant behavior in general; there is a direct causal link between the pathological personality traits and the crime committed; the forensic onset of mental illness; mental incapacity Analyzing all the above and referring to the topic studied in this paper, we can not fail to refer to how it contributes to the mental illness of a person who has committed a crime on determining his state of responsibility or irresponsibility, because this state determines whether or not the person is liable to criminal liability and, respectively, the punishment to be applied. In order to determine whether a person acted with discernment, ie he realized the degree of social danger posed by the act committed and was able to distinguish between what is permitted and what is not permitted by law, it is necessary the conclusions of some specialists.