Discernment or representation
Discernment or representation

Summary/Abstract: The field of forensic psychiatry involves the application of psychiatric expertise to legal cases involving individuals with mental illness. However, the use of this expertise raises questions about the rights of mentally ill patients, particularly regarding behaviour control and involuntary hospitalization. In order to avoid abuse of medical authority, it is important to uphold the principles of individual autonomy and the right to be informed about one's detention. Legal regulations must balance the protection of individual rights with the need for social protection, through the promotion of destigmatization of psychiatric patients and the elaboration of national studies to assess mental health and psychiatric-legal liability. Psychiatric forensic expertise must be conducted in accordance with scientific validity, avoiding diagnostic errors and expert iatrogenicity, and promoting only opinions based on proven truths. The expert's responsibility is to maintain scientific neutrality and independence while respecting the rights of the patient, avoiding any suspicion of abuse of medical authority and preserving the ability to explain, exonerate, or indict with truthful conclusions. This requires a balance between expert professionalism and the consciousness of one's own limits while prioritizing the rights and autonomy of the patient. Legal regulations and ethical-scientific requirements of psychiatric-legal exploration must be applied to ensure that the field of forensic psychiatry upholds the principles of justice and human rights.

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