A forensic psychological evaluation is a specialized report prepared by an expert psychologist at the request of investigative authorities or at the request of the parties involved in the case.

The legal framework for conducting psychological assessments is governed by a series of laws and documents: Government Ordinance No. 2/2000 on the organization of judicial and extrajudicial technical expert activities, as subsequently amended and supplemented; the Regulation on the Granting of the Status of Judicial Technical Expert and Specialist, approved by Order of the Minister of Justice No. 1322/C of June 21, 2000, as subsequently amended and supplemented; the Nomenclature of Specializations in Judicial Technical Expertise, approved by Order of the Minister of Justice No. 1190/C of July 13, 2023, published in the Official Gazette of Romania, Part I, No. 662 of July 19, 2023, the Code of Civil Procedure, as republished, as subsequently amended and supplemented (Law No. 134/2010): the articles concerning judicial technical expertise, the Code of Criminal Procedure, as subsequently amended and supplemented (Law No. 135/2010): the articles concerning expert opinions, as well as the Standards of August 1, 2021, for psychological expert opinions (Published in the Official Gazette No. 838 of September 2, 2021, issued by the Romanian College of Psychologists).

Pursuant to Article 172 of the Code of Criminal Procedure: “(1) An expert assessment shall be ordered when the opinion of an expert is necessary to establish, clarify, or evaluate facts or circumstances that are relevant to ascertaining the truth in the case.
(2) The expert examination is ordered, under the conditions of Article 100, upon request or ex officio, by the criminal investigation authority, by means of a reasoned order, and during the trial it is ordered by the court, by means of a reasoned ruling.”

Depending on the requester, the psychological expert examination may be judicial or extrajudicial. A technical expert opinion conducted at the direction of criminal investigation authorities, courts, or other bodies with jurisdictional powers, by an expert or specialist appointed by them, constitutes a judicial technical expert opinion. A technical expert opinion conducted at the request of natural or legal persons constitutes an extrajudicial technical expert opinion.

In addition to the expert appointed by the court or investigative authorities, any party directly involved in the case under investigation or trial may request the participation of a party-appointed expert—at its own expense—subject to approval by the judicial body that ordered the expert assessment, to serve as an advisor to the party.

Not every psychologist is qualified to conduct forensic evaluations; only those who, on the one hand, possess the qualifications required by the relevant authorities and, on the other hand, have the specialized training and professional experience necessary to carry out a specialized task of such complexity as forensic or extrajudicial evaluations. Regarding the necessary qualifications, a psychologist who can conduct forensic evaluations must be registered in the Unified Register of Psychologists in Romania (R.U.P.), hold a specialist or principal certification level, conduct the evaluation within their field of specialization (Clinical Psychology, Psychotherapy, Educational Psychology, Occupational and Organizational Psychology, etc.) and demonstrate the experience and knowledge required for such a report.

Regarding the specific role of the expert appointed to conduct the expert assessment, the expert must address a series of objectives (questions) established by the investigating authority or court, depending on the case. For example, in cases of violence against minors, the investigating authority may request the expert’s specialized opinion regarding the minor’s post-abuse symptoms.

Regarding the content of the expert report, pursuant to Article 21 of Government Ordinance No. 2/2000 on the organization of judicial and extrajudicial technical expert activities, as subsequently amended and supplemented, it shall include: “a) an introductory section, which specifies the authority that ordered the expert report, the date on which its submission was ordered, the first and last names of the expert or experts, their field of expertise, the date the expert report was drafted and finalized, the subject matter of the report, and the questions to be answered by the expert or experts, the bibliography on which the expert report was based, and whether the parties who participated in the proceedings provided explanations during the proceedings to which they were summoned; b) a description of the procedures followed in conducting the expert examination, the objections or explanations raised by the parties, and an analysis of such objections or explanations based on the expert’s or specialist’s findings; c) the conclusions, which include the answers to the questions posed and the expert’s or specialist’s opinion on the subject matter of the expert examination.”

Specifically, with regard to the content of point b (description of operations), the appointed expert must, in the expert report, in order to provide answers to the evaluation objectives indicated by the investigating authority, identify and describe the tools, methods, and techniques used to obtain relevant information. Thus, the psychological expert may use a variety of methods and techniques to address the assessment objectives: interviewing the minor victim, interviewing the minor victim’s legal representative or other witnesses, administering psychological tests, conducting clinical observations, and reviewing documents provided by the investigating authorities that are relevant to the assessment. With regard to the content of point c (conclusions), the appointed expert will respond concisely to the established assessment objectives. The expert will draw upon the results and information derived from the application of assessment methods and techniques. For an expert report to be considered relevant, the expert’s professional opinions must always be supported by arguments based on the information obtained through the application of evaluation methods and techniques.

Forensic psychological evaluation is a highly complex and responsible undertaking. It requires extensive knowledge in both the expert’s field of specialization and the judicial system, so that the expert can provide expert opinions tailored to the requests made by courts or investigative bodies, with a view to clarifying the facts or circumstances that are relevant to establishing the truth in the case.

Bibliography:

Code of Criminal Procedure, as subsequently amended and supplemented (Law No. 135/2010);

Government Ordinance No. 2/2000 on the Organization of Judicial and Extrajudicial Technical Expertise, as amended and supplemented;

Article written by: Patricia Aramă, clinical psychologist, expert psychologist, specializing in the psychological assessment and forensic evaluation of children