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Crime in affect – a forensic evaluation – legal comment

Publication at First Faculty of Medicine |
2011

Abstract

Affects are sudden and quickly starting and often rapidly subsiding emotional reactions on different stimulations, accompanied with both vegetative and facial expressions. The affect is often connected with the most serious types of crime – murders.

There is no terminological or opinion agreement among experts in affect crimes evaluation. Authors endeavour to chart efforts to define and describe the affect simple, not pathic, but still very strong, which evokes the need of forensically assessing among the experts.

In accordance with the juridical commentary, the authors, in the knowledge of the latest penal code, endeavour to prefer distinction between affect simple and pathic. They don’t recommend the use of terms affect uncontrolled or even uncontrollable.

At the same time they point out the necessity of further research and definition of affect simple, but already in the process transformation into affect pathic, when this frontier – border, it’s diagnosis, expert evaluation, is undoubtedly on of the most difficult tasks of forensic psychiatry. They are aware that this transition is certainly there, but without any expert evaluation or terminological description yet.

The authors highlight the need of further dialogue among psychiatrists, psychologists, but lawyers, who deal with affect crimes, too. Juridical commentary reflects the current view on the issue of affect crime and is for the psychiatrists essential, because it already takes the existence of new Penal Code into account.

The comment apparently shows that the issue of affect crimes is a controversial topic even among experts in the juridical area.