Autor: Cătălin Olivian IONAȘCU

Publicat în: Revista Pro Lege nr. 2/2020

Psychiatric forensic expertise (examination) of the juvenile victim and forensic psychological evaluation (examination) of the juvenile victim

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Abstract: The article highlights two evidentiary proceedings that do not have a concrete regulation in the current legislation (they are not being expressly mentioned in the Code of Criminal Procedure, but also in the primary legislation or in the administrative provisions in the field), and clarifies certain legal aspects related to the possibility of psychic examination of the juvenile victim during the criminal process, of course in order to identify the possible signs (in the sense of mental disorders) produced by committing crimes. It is concluded that the studies and judicial practice have shown that the psychological trauma caused by crimes against vulnerable victims can persist for long periods of time, exceeding, in most cases, the length of time in which the injured person’s body is present. In these conditions, the psychic examination of the victim (juvenile or vulnerable) who has been sexually, emotionally, psychologically or physically abused, is proving to be an evidence of particular importance during the criminal process, especially in the context of improving the activity of the offender, while committing the criminal acts in obscure and difficult to penetrate manners.

Keywords: psychiatric forensic examination, forensic psychological examination, juvenile victim, trauma