EIRP Proceedings, Vol 14, No 1 (2019)

Psychological Expertise - a New Occurrence

Lacramioara Mocanu, Codrin Rebeleanu

Abstract



The Romanian forensic legislation is currently one of the most coherent within the European Union. There are, however, issues where regulations have changed and Law 271/2004 no longer responds to all challenges: new RCA law no. 132/2017, provides some unsuspecting issues in forensic legislation. Thus, there are no general criteria for the unitary evaluation of physical injury, and the major problems of mental / psychological injury assessment lie primarily in the lack of ways to confirm on its forensic criteria or to quantify its gravity. Changing the current legislation, introducing a specialized criterion which combine the principles of forensic activity and psychological assessment, is a priority in the field of compensation for victims of aggression and road traffic accidents. Of particular interest would be a scientific evaluation of the psychological damage caused by medical malpractice, even if the courts have customary assumed the role of fixing the amounts in question.


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