Psychological Expertise - a New Occurrence

• Author: Lacramioara Mocanu, Codrin Rebeleanu
• Position: Associate Professor, PhD, Danubius University of Galati, Romania/Lecturer, UMF- Iuliu Hatieganu, Cluj-Napoca, Romania
• Pages: 355-359

ISSN: 2067 – 9211 New Trends in Psychology

355

Psychological Expertise – A New Occurance

Lacramioara Mocanu1, Codrin Rebeleanu2

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.

Keywords: psychological expertise; psychological injury assessment; civil liability for psychic trauma

Introduction

WHO defines health as being?

Health is a fully favored state both physically, mentally and socially, and not just the absence of illness

or infirmities (1946) and also “the capacity to lead a productive social and economic life.”3

The Romanian forensic legislation is currently one of the most coherent within the European Union.

There are, however, issues where the regulations have changed and Law 271/2004, which regulates the

forensic activity, no longer satisfies all the requests: the new law on compulsory motor third party

liability insurance (RCA), no. 132/2017, provides some unanswerable issues in forensic legislation:

„Art. 22 – Determination of damage [...]

(5) Amicable compensation is established on the basis of the following general assessment criteria:[...]

e) the score for suffering caused by injury to bodily integrity or human health includes only physical

injury; for injuries related to psychological trauma, the injured person can bring documents to prove

them.

(6) Establishment of legal remedy is based on medical, forensic, psychological and statistical evidence.”

1 Associate Professor, PhD, Danubius University of Galati, Romania, Address: 3 Galati Blvd., Galati 800654, Romania, Tel.:

+40372361102, Romania, Corresponding author: lacramioaramocanu@univ-danubius.ro.

2 Lecturer, UMF- Iuliu Hatieganu, Cluj-Napoca, Romania, Address: Strada Victor Babeș 8, Cluj -Napoca 400000, Romania,

Tel.: 0264 597 256.

3 https://ro.wikipedia.org/wiki/S%C4%83n%C4%83tate.