THE FORENSIC PSYCHIATRIC EXAMINATION ACCORDING TO THE NEW CRIMINAL PROCEDURE CODE
THE FORENSIC PSYCHIATRIC EXAMINATION ACCORDING TO THE NEW CRIMINAL PROCEDURE CODE

Summary/Abstract: The new Criminal Procedure Code contains, besides general rules applicable to all types of expertise (forensic, criminalists, accounting, technical, judicial etc.), a series of new special regulations, applied for forensic psychiatric expertise, for forensic autopsy, for toxicology or forensic expertise examination of the person, which were absent in the old code. The new frame created not only in the matter of forensic expertise, a legal modern system related to the criminal process, able to comply with the new realities, to make efficient the criminal trial and assure at the same time the observance of the fundamental rights and freedoms of all subjects of the criminal procedure. The new Criminal Procedure Code clearly stipulates that the expertise can be conducted by official experts or authorized independent experts, Romanian or form another country, the only institutionalized expertise being the forensic one. For a celerity of evidence production and for a fast trial of the criminal cases, the judicial body has the possibility to replace the expert when he doesn’t finish his report of expertise in due time and offers no reasons. The new Criminal Procedure Code offers the expert the possibility to testify as witness when the judicial body considers it is necessary to clear his findings or conclusions.

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