EIRP Proceedings, Vol 14, No 1 (2019)

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.