Conflict between criminal law, medical ethics and psychiatry demonstrated at the example of psychiatric court evaluation

The paper offers an analysis of the relationship between criminal law, on the one side, and medical science and psychiatry, on the other side, through an example of psychiatric court evaluation. Following introductory explanation, the author starts this analysis by examining the principle of freedom...

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Main Author: Drakić Dragiša
Format: Article
Language:English
Published: University of Novi Sad, Faculty of Law 2012-01-01
Series:Zbornik Radova: Pravni Fakultet u Novom Sadu
Subjects:
Online Access:http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2012/0550-21791202193D.pdf
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author Drakić Dragiša
author_facet Drakić Dragiša
author_sort Drakić Dragiša
collection DOAJ
description The paper offers an analysis of the relationship between criminal law, on the one side, and medical science and psychiatry, on the other side, through an example of psychiatric court evaluation. Following introductory explanation, the author starts this analysis by examining the principle of freedom of an individual in criminal law and psychiatry. Later on, the author points to different perceptions of 'borderline psychic conditions' offered by the two scientific disciplines in the context of the quilt principle. After that he points to a number of other issues relating to psychiatric court evaluation which give rise to divergent positions of the criminal law and psychiatry in the criminal proceedings. Common to all such cases, in the opinion of the author, is the conduct of psychiatric court expert that is contrary to their professional code of ethics. In the end, the author concludes that the practice of the psychiatric court evaluation is detrimental to the interests of the criminal law and that it puts in grave jeopardy the ethics of psychiatry.
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spelling doaj.art-63db9a7b42c64a88944609a1c97b50c62022-12-22T03:05:35ZengUniversity of Novi Sad, Faculty of LawZbornik Radova: Pravni Fakultet u Novom Sadu0550-21792406-12552012-01-0146219320510.5937/zrpfns46-22090550-21791202193DConflict between criminal law, medical ethics and psychiatry demonstrated at the example of psychiatric court evaluationDrakić Dragiša0University of Novi Sad, Faculty of Law, Novi Sad, SerbiaThe paper offers an analysis of the relationship between criminal law, on the one side, and medical science and psychiatry, on the other side, through an example of psychiatric court evaluation. Following introductory explanation, the author starts this analysis by examining the principle of freedom of an individual in criminal law and psychiatry. Later on, the author points to different perceptions of 'borderline psychic conditions' offered by the two scientific disciplines in the context of the quilt principle. After that he points to a number of other issues relating to psychiatric court evaluation which give rise to divergent positions of the criminal law and psychiatry in the criminal proceedings. Common to all such cases, in the opinion of the author, is the conduct of psychiatric court expert that is contrary to their professional code of ethics. In the end, the author concludes that the practice of the psychiatric court evaluation is detrimental to the interests of the criminal law and that it puts in grave jeopardy the ethics of psychiatry.http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2012/0550-21791202193D.pdfpsychiatric court evaluationcriminal lawmedical ethicspsychiatry
spellingShingle Drakić Dragiša
Conflict between criminal law, medical ethics and psychiatry demonstrated at the example of psychiatric court evaluation
Zbornik Radova: Pravni Fakultet u Novom Sadu
psychiatric court evaluation
criminal law
medical ethics
psychiatry
title Conflict between criminal law, medical ethics and psychiatry demonstrated at the example of psychiatric court evaluation
title_full Conflict between criminal law, medical ethics and psychiatry demonstrated at the example of psychiatric court evaluation
title_fullStr Conflict between criminal law, medical ethics and psychiatry demonstrated at the example of psychiatric court evaluation
title_full_unstemmed Conflict between criminal law, medical ethics and psychiatry demonstrated at the example of psychiatric court evaluation
title_short Conflict between criminal law, medical ethics and psychiatry demonstrated at the example of psychiatric court evaluation
title_sort conflict between criminal law medical ethics and psychiatry demonstrated at the example of psychiatric court evaluation
topic psychiatric court evaluation
criminal law
medical ethics
psychiatry
url http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2012/0550-21791202193D.pdf
work_keys_str_mv AT drakicdragisa conflictbetweencriminallawmedicalethicsandpsychiatrydemonstratedattheexampleofpsychiatriccourtevaluation