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The Issue of Specialists’ Integration in Forensic Inquiry in Criminal Cases: the Limits of a Psychologist’s Competence in Evaluation of Criminal Insanity 1006
The article deals with the issues of expert psychological evaluation of a criminal subject’s ability to realize actual character and public danger of his / her actions or to be in charge of them basic on the recent scientific evidence as well as demands of enforcement services specialists. It outlines positive and negative aspects of a psychologist’s participation in substantiation of voluntary regulation disorders in people with mental disabilities, including the risk of possible substitution of expert analysis with judgments and hypothetical constructions speculating on juridical conditions that determine the degree of guilt and responsibility. The article proves productivity and legal warrantability of integrative – psychologist’s and psychiatrist’s – expert conclusion on violation or restriction of ability to realize and control one’s actions in relation to subjects with mental disorders whose delinquent behavior is influenced predominantly by pathopsychological and psychological, not psychopathological, mechanisms.
Keywords: diminished responsibility, mental disorder, pathopsychology, psychiatry, competence, integrative conclusion, evidence-based, disorder mechanisms and level of volitional self-regualtion.