FORENSIC PSYCHIATRY AND THE ROLE OF EXPERTS IN CANON LAW

Abstract

In the ecclesiastical tribunals experts have a greater role and
relevance in arriving at proper judicial sentences of matrimonial
cases. In this article, Boby Sebastian Tharakunnel, OCarm, discusses,
however, a theme which is not that common and often treated. The
author claims that forensic psychiatry and experts in this field can
contribute much in the decision making process of the matrimonial
cases in ecclesiastical tribunals, especially cases related to psychic
nature. Disclosing the distinction between a psychiatrist and a
forensic psychiatrist and their roles, the author says that whereas
forensic psychology is a sub-speciality of psychology, forensic
psychiatry is a sub-speciality of psychiatry that combines the latter
with criminology. The forensic psychiatrist brings special skill and
knowledge to legal proceedings concerning questions of mental
competence, which is required to stand trial and be held culpable for
criminal acts.