Criminal Liability in Dissociative Disorder

Abstract

Introduction: Dissociative disorders are among the most controversial and fascinating psychiatric problems. In the forensic field, there is no consensus regarding the modification of criminal liability due to these disorders.

Objective: To present the medical-legal analysis on the criminal liability of an accused female with a diagnosis of dissociative disorder.

Case Study: A 50-year-old woman, charged with the crime of attempted homicide. History of Bronchial Asthma, Hypertension and Depressive Adjustment Disorder after divorce. The events were triggered by a series of stressful events. She was evaluated by psychiatrists immediately after the crime, a fact that was taken into account in the expertise. In the psychiatric expertise, an interview, psychiatric examination, and psychological and clinimetric evaluation were carried out. The diagnosis given was: Dissociative Disorder and Major Depressive Disorder. It was also determined that she had a substantial decrease in her faculties of judgment and willingness to commit a crime, which translates into semi-accountability.

Conclusions: Dissociative disorders are controversial entities in the forensic field. They may or may not be cause for modification of criminal liability. It is vital to always take into account the differential diagnosis with simulation. Experts must carry out a thorough analysis to demonstrate if they are in the presence of psychological disorganization.