Abstract

SALAZAR DIAZ, Ángela Damicela  and  HERRERA LEMA, Ángel Oswaldo. Simulated psychiatric-psychological forensic evaluation. Regarding a real case. Iuris Dictio [online]. 2017, n.20, pp.167-177. ISSN 2528-7834.  https://doi.org/10.18272/iu.v20i20.907.

Simulate in a legal process is pretending the mental state that is not possessed to obtain a decrease or annulment of criminal responsibility.

Forensic psychiatrists and psychologists and justice administrators have the difficulty of determining whether or not a person involved in a legal process has a mental illness that modifies guilt as quoted in COIP in Art. 34 and Art 36.

The objective of this article is that with the application of the forensic psychiatric-psychological protocol, the diagnosis of simulation is demonstrated, and with the presentation of a forensic case where the processed citizen simulated a mental illness with psychopathological productivity and once it was the forensic expertise elevated to evidence in the judgment stage, was sentenced as guilty, clarifying the simulation diagnosis. In conclusion, the simulation does not modify imputability.

Keywords : Simulation; Mental Illness; Expertise; Forensic Psychiatric Protocol.

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