[Forensic psychiatry problems in depression].

Abstract

Forensic complications involving criminal or civil law are generally rare in depressive disorders, but are of varied nature and of great consequence to the person concerned. Suicide, which is the problem of greatest practical importance may have far-reaching consequences with regard to legal insurance, apart from the medical responsibility or liability. From the point of view of civil law, moreover, the effects of depression on thought and action, as well as on free will with respect to legal capacity, testifiability, marriageability, actionability and potential considerations of interdiction ought to be examined. Last, but not least, consequences of a socio-legal nature may ensue. The spectrum of possible crimes by depressed subjects essentially comprises disease-characteristic offences, amongst which the desperate deed of extended suicide is foremost, as well as other criminal acts with a less direct connection to the depressive syndrome. Additional factors such as alcohol and medication may further complicate the relationship and also the assessment of culpability. In the forensic judgment of depressed subjects diagnostic classification is not alone decisive, but depends to a greater extent on the nature and severity of the psychopathological state and its influence on motivational aspects.