Expertises judiciaires au pénal dans le contexte des désignations par le tribunal correctionnel

Abstract

Transgressive antisocial acts, which are committed in particular by adolescents and young adults, are more frequent today in France, because the way of life in this changing world has been modified technologically, economically and ethically. This is due maybe to a widening of exchanges and the dissemination of transgressive images through social networks. In France, judges are increasingly calling on psychiatric experts for crimes. This recourse is even compulsory for subjects placed under the protection of justice. Conceptual psychoanalytic data allowed a better assessment of the psychopathological traits affecting the personality of the offenders. The psychiatrist who has to carry out forensic examinations must take into account the psychopathological aspects, personality traits and mixed symptomatology, as well as impulsive acts, aggression, violent affects, borderline states, sociopathic organization and addictions. He/she should also consider the determinism of their actions and the role of interactions with those around them. The goal the psychiatrists must be between protecting and caring before punishing. Courts want to better understand the mechanism of action (often impulsive) but also the nature of the care project promoting rehabilitation. Courts are concerned about the capacity for discernment and self-control, but also about the risk of recidivism.