Siinviidatud vabalevis olev tekst leidis oma koha romantilistel kaalutlustel: kriminalistika valdkonnas ilmub Eesti kohta nii vähe tekste, et kõik need on eraldi esiletõstmist ja lugemist väärt.
It is the goal and task of each country to ensure that behaviour of people is within the framework defined by social norms, so that social anomalies, including offenses and crimes, are kept to a minimum. In order to achieve this general goal, it is important to take into account the peculiarities of the human psyche, both in legislation and legal proceedings. […] Psychological expertise is based not only on people but also groups of people and normative acts, involving their legal consciousness and law as a system of norms.
This article deals with the organisation, appointment and performance of forensic psychological examination in Estonia.
Mis on ekspertarvamus:
An expert opinion is a categorical or probable expert conclusion made on an important fact to be proved and expressed in the expert report. An expert is a person who uses non-legal expertise in performing forensic examinations, and in the case provided by law, also legal expertise.
A forensic expert is a person working in a state expert institution whose task is to perform expert examinations. It is a person who has active legal capacity, speaks Estonian to the extent established by law, or on the basis of law has acquired the required higher education in the field of expertise at a higher education institution of Estonia, or has worked at an expert or research institution or other workplace in the defined field of expertise for at least two years immediately before employment as a forensic expert.
A strong state of agitation is a constituent characteristic of the offender’s mental state, which must be proven by forensic psychiatric examination. If the killing has been committed as a result of violence or insult, but the perpetrator’s state of agitation is not identified, this section cannot be applied (Penal Code: executive edition, 2015).
Analysis of the judgments shows that:
- during the last 10 years, 10 physiological affect examinations have been ordered in the courts of the Republic of Estonia. No such
expertise has been assigned in the last five years;
The authors agree with T. Bachmann, a renowned Estonian psychologist, that there are problems in every branch of psychology for which it is possible and necessary to use psychological expertise. The range of questions that can be asked of a psychologist is practically inexhaustible.
Kaugia, S., & Auväärt, L. (2022). Forensic Psychology Expertise in Legislation and Case Law of Estonia: Based on Physiological Affect.