Evaluarea psihologică versus expertiza psihologică judiciară. Temeiul juridic și importanța probatorie în procesul penal. Aspecte de practică judiciară
Psychological evaluation versus forensic psychological expertise. Legal basis and importance of evidence in the criminal proceedings. Legal practice aspects

Summary/Abstract: All magistrates involved in juvenile cases should „consider the level of maturity, vulnerability and mental capacity of the minor, whether as a juvenile who infringes the law, a victim or a witness.” (Yerevan Declaration regarding juvenile justice, adopted during the 5th plenary meeting of the CCPE, which took place in Yerevan – Armenia on 19-21 October 20101). Insufficient of the evidence, when it’s obvious, it should oblige the judiciary to analyze the aspect credibility of the victim by considering aspects have led to the authority’s referral, to the possible interests of the victim to report unreal aspects, by interpreting all the data about the victim’s environment, her contacts (coming from specialists and psychologists). Such an analysis would allow the formulation of a substantiated opinion on the sincerity of the victim and the ability of the evidence to remove any reasonable doubt.

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