The Importance of Forensic Psychiatry and Psychiatric Examination in Criminal Proceedings

Authors

  • Kreshnik Myftari
  • Gëzim Myftari
  • Sevada Guço

DOI:

https://doi.org/10.37506/mlu.v21i4.3167

Keywords:

forensic examination, psychiatric expertise, criminal proceedings, relationship law-psychiatry, specialized psychiatric institution

Abstract

Forensic examination, as part of the criminal process, is a complex activity in which the diagnostic moment
is abnormally integrated, as the diagnosis is not intended for treatment or cure.
It is understandable that the influence exerted by psychiatric examination on court decisions (it is mostly
about psychiatry in general), cannot be separated from the historical relationship between psychiatry and
law.
In countries where the assessment of irresponsibility is based on a psychopathological-normative method,
it is necessary not only to recognize the mental disorder, but also to assess how this disorder interacts
psychologically in compromising the ability to understand actions and desire the advent of consequences.
Reflecting on the above arguments, this paper focuses on the importance of forensic psychiatry and
psychiatric examination in criminal proceedings as a legal and medical study, as well as identifying critical
aspects of the inseparable relationship between psychiatry and law, until the moment when the judge will
decide whether the mental disorder under the Criminal Code prevented the perpetrator from understanding
the act committed, as well as whether or not he wished the consequences that came from this act.

Author Biographies

Kreshnik Myftari

PHD, Full Time Lecturer of Criminal Law, Department of Criminal Law, Law Faculty, University of Tirana

Gëzim Myftari

Forensic Psychiatrist

Sevada Guço

Master of Laws, Scientific Researcher

Published

2021-09-02

How to Cite

Kreshnik Myftari, Gëzim Myftari, & Sevada Guço. (2021). The Importance of Forensic Psychiatry and Psychiatric Examination in Criminal Proceedings. Medico Legal Update, 21(4), 383-392. https://doi.org/10.37506/mlu.v21i4.3167