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Le psychiatre et la sanction pénale

Abstract : The participation of psychiatrist in the penal sanction, relatively old, was essentially limited to the assessment of the mentally disordered offenders’ liability. The evolution in recent decades makes him a special place and today, the solicitation of this specialist is both dual and separate. On the one hand, he is called in his capacity as doctor in order to provide the mental health care for those who carry an imprisonment. But in addition to this medical mission accessory to criminal sanction, an intervention integrated to the sanction has added since psychiatric care is now a component of the sanction itself, as the care order, or its implementing rules, as the duty of care under a suspended sentence supervision order. On the other hand, the psychiatrist is called to collaborate in the process of sanction as an expert. But the psychiatrist's function has far exceeded the simple framework of the assessment of the influence of a mental disorder on the transition to the act and is now focusing on the assessment of the dangerousness of the individual. However, the resurgence of the latter concept in positive law is a source of uncertainty. Its definition is imprecise and led the legislator to entrust the estimate mainly at the psychiatrist with expertise, the latter having deficiencies in both its scope and in its reliability. Moreover, it is the object of this dangerousness which raises the question of the distinction between punishment and safety measures. The expressions of the difficulties posed by the dangerousness, that affect the psychiatrist and the sanction, lead to rethink the definition of penal sanction in order to enhance the contribution of the psychiatrist.
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Submitted on : Thursday, March 29, 2018 - 12:58:20 PM
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  • HAL Id : tel-01750922, version 1



Jean - Philippe Vauthier. Le psychiatre et la sanction pénale. Droit. Université de Lorraine, 2013. Français. ⟨NNT : 2013LORR0253⟩. ⟨tel-01750922⟩



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