Innovation about the medico-legal psychiatrically report: the report requested by persons that intend to pursue acts that have an alienation value

• Author: Gabriel Mihalache - Camelia Buhas - Carmen Radu - Tasnade Gabriela
• Pages: 151-153

INNOVATION ABOUT THE MEDICO-LEGAL PSYCHIATRICALLY

REPORT: THE REPORT REQUESTED BY PERSONS THAT INTEND TO

PURSUE ACTS THAT HAVE AN ALIENATION VALUE

Ph.D Lecturer Gabriel Mihalache

University of Oradea,

Faculty of Medicine and Pharmacy,

mygabiart@yahoo.com

Ph.D Lecturer Camelia Buhas

University of Oradea,

Faculty of Medicine and Pharmacy,

Ph.D Carmen Radu

University of Oradea,

Faculty of Medicine and Pharmacy,

Gabriela Tăşnade, Lawyer

Abstract: The medico-legal psychiatrically report is the medico-legal examination that

determines whether a person has a mental illness or not, or if in that illness the patient has

discernment, in other words legal competence of performing. This type of report is usually

performed at the solicitation of the Police, Prosecutor’s Department or Court, through an

ordinance. There are situations when the medico-legal psychiatrically report is performed at the

request of a person that wants to perform acts that have an alienation value. In the present work,

the authors present the methodology and peculiarities of this type of report that is requested

medico-legal psychiatrically report.

Key words: requested medico-legal psychiatrically report, discernment, legal competence

of performance.

In general the acts that have an alienation value are notarial acts such as testaments, selling

and buying contracts, donations, and maintenance contracts etc. They are all based on a transfer of

ownership. Most often, those properties have a low or medium value, but in some situations we can

have considerable fortunes (houses, lands, important amount of money, etc.).

Most often, the person that intends to pursue such acts is an elder, a widow or widower that

has to decide about the goods for their lifetime, and especially what would happen after one’s death.

For eliminating doubts regarding the legal competence of performing or the discernment, a person

that has to conduct such an act of alienation can request a medico-legal psychiatrically report that

would answer to that objective. For a better understanding of the medico-legal psychiatrically

report, it is important to present a few legislative and methodological aspects. The medico-legal

psychiatrically report is included in the reports category, reports that are being performed only if

they are officially requested through an ordinance, by one of the three state institutions: Police,

Prosecutor’s Department and Court. This kind of reports are requested for criminal cases when it is

examined a person that has committed a crime sanctioned by the Penal Code. Other medico-legal

reports are requested for civil cases such as divorces, entrusting the minor children etc. Also, there

are situations when a medico-legal psychiatrically report is solicited in the case of a deceased

person that during its lifetime has performed acts of alienation that were soon after disputed because

of the lack of discernment of the person, due to a disease. This is the case of the medico-legal

psychiatrically report on documents. As we already stated, to these three types of reports it is added

the requested medico-legal psychiatrically report, that is used on live persons that solicit to be

examined so they can prove that they have discernment when performing an act of alienation. In

other words, these persons want to “protect” the notarial act with a medico-legal document that

would attest during lifetime and also after death that the person had discernment when the act was

performed and signed.