Läkarnas inflytande i rättsprocessen - en rättshistorisk studie om läkares inflytande stadgat i bestämmelserna om rättspsykiatriska undersökningar
(2014) LAGF03 20142Faculty of Law
Department of Law
- Abstract
- The purpose of the essay is to study the influence given to doctors in the regulations about forensic psychiatry examinations. The essay compares the regulations and the current ideas that did exist during the regulations application. Thereafter the alterations in the influence will be presented and what impact the current ideas may have had.
The charter from year 1826 demanded the court to obtain a medical certificate when the perpetrator had been declared to be insane. The regulation required though actions from the court and with that also a willingness to act. In the regulation from year 1929 the doctors where given a greater position in the legal proceedings. The regulation conveyed compulsory examinations in some occasions and... (More) - The purpose of the essay is to study the influence given to doctors in the regulations about forensic psychiatry examinations. The essay compares the regulations and the current ideas that did exist during the regulations application. Thereafter the alterations in the influence will be presented and what impact the current ideas may have had.
The charter from year 1826 demanded the court to obtain a medical certificate when the perpetrator had been declared to be insane. The regulation required though actions from the court and with that also a willingness to act. In the regulation from year 1929 the doctors where given a greater position in the legal proceedings. The regulation conveyed compulsory examinations in some occasions and medical opinions would otherwise be obtained when a reason to believe that a base for impunity existed.
At the regulation from year 1991 one could rather see a decline in the great position the doctors had received in the regulation from 1929. The examinations are today only allowed to be obtained to determine if the conditions for certain rules in the penal code are at hand. The perpetrator also must have admitted the crime he or she has been accused of and the penalty should be expected to be greater than a fine.
The alterations between the regulations depend upon the climate in which the regulations did supervene. The cause of the changes is difficult to ascertain and an amount of different elements may have been affecting. Some of these elements are being declared in this essay. Among them are ideological ideas, the emergence of the psychiatry, the reliance to science and political theory and balancing of interests. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/4925114
- author
- Eriksson, Linnea LU
- supervisor
- organization
- course
- LAGF03 20142
- year
- 2014
- type
- M2 - Bachelor Degree
- subject
- keywords
- Straffrätt, Rättshistoria
- language
- Swedish
- id
- 4925114
- date added to LUP
- 2015-01-27 17:53:10
- date last changed
- 2015-01-27 17:53:10
@misc{4925114, abstract = {{The purpose of the essay is to study the influence given to doctors in the regulations about forensic psychiatry examinations. The essay compares the regulations and the current ideas that did exist during the regulations application. Thereafter the alterations in the influence will be presented and what impact the current ideas may have had. The charter from year 1826 demanded the court to obtain a medical certificate when the perpetrator had been declared to be insane. The regulation required though actions from the court and with that also a willingness to act. In the regulation from year 1929 the doctors where given a greater position in the legal proceedings. The regulation conveyed compulsory examinations in some occasions and medical opinions would otherwise be obtained when a reason to believe that a base for impunity existed. At the regulation from year 1991 one could rather see a decline in the great position the doctors had received in the regulation from 1929. The examinations are today only allowed to be obtained to determine if the conditions for certain rules in the penal code are at hand. The perpetrator also must have admitted the crime he or she has been accused of and the penalty should be expected to be greater than a fine. The alterations between the regulations depend upon the climate in which the regulations did supervene. The cause of the changes is difficult to ascertain and an amount of different elements may have been affecting. Some of these elements are being declared in this essay. Among them are ideological ideas, the emergence of the psychiatry, the reliance to science and political theory and balancing of interests.}}, author = {{Eriksson, Linnea}}, language = {{swe}}, note = {{Student Paper}}, title = {{Läkarnas inflytande i rättsprocessen - en rättshistorisk studie om läkares inflytande stadgat i bestämmelserna om rättspsykiatriska undersökningar}}, year = {{2014}}, }