Comparaison du concept de « responsabilité » en neurosciences et en droit pénal : une revue croisée de littérature pour l’expertise psychiatrique

Galland, Damien; Jonas, Carol; Jardri, Renaud; Wilquin, Maroussia; Cottencin, Olivier; Thomas, Pierre; Rolland, Benjamin

doi:10.1016/j.lpm.2016.03.018

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2020

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“…The notion of dementia refers here to psychic or neuropsychic disorders that may justify criminal irresponsibility. It is accepted in law that a person who, at the time of the crime, suffers from a psychic disorder or is in a psychotic state and has lost his judgement or control of his acts could not be held responsible for his acts [4]. As part of the criminal proceedings, the judge asks a doctor to educate him on the subject.…”

Section: Introductionmentioning

confidence: 99%

Psychiatric Expertise in Benin Penal Justice Context: What Do They Reveal?

Tognon¹,

Bigot²,

Amonles³

et al. 2020

OJPsych

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In this study, the authors describe the profile of people seen in criminal psychiatric expertise in northern Benin and their results. It covered the 138 psychiatric assessments carried out as part of criminal proceedings in the years 2017 and 2018. Expertises were on men in 94.9% of the cases. They were over 30 years old in 66.2% of cases. They were prosecuted for blood crimes in 89.5% of cases. The defendants were in detention at the time of the expert in 87.5% of cases. Psychiatric experts diagnosed a psychiatric disorder in 22.8% of cases. There was a relationship between the identified psychiatric disorder and the offense that motivated the charge in 25.8% of the mental disorder cases. It was exclusively cases of psychotic disorders. There was an abolition of discernment in 3.8% of the accused.

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Section: Introductionmentioning

confidence: 99%