The multi-factorial determinism of forensic expertise regarding sentence interruption on medical grounds and decision

J Forensic Leg Med. 2019 Feb:61:45-55. doi: 10.1016/j.jflm.2018.10.005. Epub 2018 Nov 10.

Abstract

The topic proposed by this research is the complex determinism or requesting forensic expertise for the purpose of postponing or interrupting a sentence in medical ground. Within the topic, it was necessary to perform a complex analysis on several aspects of inmate life, from the point of view of their rights and especially the right to medical assistance. We have included aspects related to the evolution of the legal framework and current regulations, to the status of medical assistance in the penitentiary environment (illustrating realities related to morbidity and mortality) and to the doctor-patient relationship during a forensic expertise. To this end, this paper aims to reveal the realities of how inmates are informed about the framework in which the institution of forensic expertise operates, as well as to analyse the inmates' perception on the accessibility and usability of this type of expertise. At the same time, we aimed to identify cases which abusively exceed the boundaries of requesting sentence interruption on medical grounds and the causes of these situations. In the first part, a retrospective statistical study was performed in mortality within the penitentiary population in the area included in the study. The characteristics particular to the doctor-inmate patient relationship were also explored.

Keywords: Decision; Forensic expertise; Forensic medicine.

MeSH terms

  • Adult
  • Age Factors
  • Educational Status
  • Forensic Medicine / legislation & jurisprudence*
  • Humans
  • Male
  • Middle Aged
  • Prisoners / legislation & jurisprudence*
  • Romania
  • Time Factors