Forensic psychiatry and criminal law

Abstract

Knowing whether the statement of a presumed subject commissioner of the criminal act is true or not is currently a challenge for the judges. Thus, determining whether or not the individual wanted to cause the injurious result for criminally protected legal assets constitutes a pending discipline in the Legal Sciences. Forensic psychiatry has a transcendental role for this purpose. From this, analyzing the main reasons that link this science to criminal law is the main objective of the article; for which, a qualitative methodology has been used, which implied the revision of the most advanced and authorized in the matter of doctrine, allowing to base the fact that, although Forensic Psychiatry applied to Criminal Law is true, it does not resolve all doubts that are generated with the saying of the offender; the truth is that it can become a discipline that the judge can go to, to obtain greater certainty or criminal conviction about the guilt or innocence of the subject. Based on the extensive literature review carried out, it has been found that this discipline, through the scientific tools it has, allows the individual to reconstruct the psychological or emotional condition in which he was at the time of committing the criminal act, allowing him to This way the judge, determine the fairest penalty.