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
SUMMARY

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... (see full summary)

 
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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.

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