conference proceedin.. - Facultatea de Drept

Conference Proceedings - Galaţi, 24 th -25 th of April 2009
Year I, Vol. II - 2009
stages and the results of an activity according to what is natural to the
human specific behaviour: motivation, anticipation, etc. ( Bulgaru – Iliescu
D. in “ The Microsocial Anomy. Forms and Consequences “, Ed. Timpul, Iasi,
2002, pag. 91 ). Within the frame of the legal medical investigation,
establishing the existence or non-existence of discernment during
committing a crime plays an important role because its existence or nonexistence
attracts assuming the responsibility of committing the socially
dangerous fact or not.
Responsibility is a legal term which defines the ability of a person
to control and appreciate both facts and their consequences, respectively to
commit and assume all the consequences of a deliberately committed
activity, which is consented and done against the social rules of behaviour,
and accepting and assuming the consequences of his own facts. ( Buda O., “
Irresponsibility. Psychiatrical legal medical aspects applied to the criminal, civil
and family law “, Ed. Orizonturi Lider, Bucuresti, 2006, pag. 82 ).
The objective of the Psychiatrical legal medical examination are
- to establish if the examined person has psychiatrical disorders or
organic, neurological, sensorial deficiencies, with effects on his psychic life ;
- to establish the mental level of the examined person ;
- to exclude simulation and dissimulation;
- to emphasize the personality traits of the subject and the causeeffect
relation between these traits and the committed crime ;
- to appreciate the living and developing conditions of the
perpetrator and the influence of the environment on him in terms of
motivation of the committed antisocial act;
- to evaluate the psychical ability and the discernment capacity at
the moment of the examination, thus if the person can be investigated and
trialed ;
- to evaluate the psychical ability and the discernment capacity at
the moment of committing the crime ;
- to evaluate the prognostic upon the way the psychic disorders
will evolve, thus establish the degree social danger for the moment and in
the future;
- to recommend the adequate legal measures to be taken, so that the
social reintegration of the individual should be donesa recomande masurile
legale adecvate ce vor fi luate, astfel incat sa se poata realiza reintegrarea
sociala a individului.
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