The Skeptik 2014;2:51-56
Nábělek L.
Dept. of Psychiatry, F.D. Roosevelt Hospital, Banská Bystrica, Slovakia
Summary: Forensic psychiatric assessment of the perpetrators of criminal acts is generally individual, without common definite rules and algoritms. Nevertheless we can postulate that the forensic psychiatric value of the diagnosis of pathological gambling is diminutive. In assesing of criminal responsibility of pathological gambling we must take into consideration following axioms:
1. The diagnosis of pathological gambling does not automatically indicate the reduction of cognitive and control abilities.
2. There are no serious damages of the central nervous system neither the deliberation of impulsive conduct motivation under the influence of exogenous psychoactive substances in pathological gambling. Possible withdrawal symptoms do not reach the intensity of the withdrawal symptoms in the somatic drug dependence.
3. We are assessing the ability to control the behaviour in relation to criminal acts, not in relation to gambling itself.
4. It is necessary to distinguish between direct criminality ("under the influence of gambling") and indirect criminality (leading toward obtaining money for gambling or to pay off debts).
5. Pathological gamblers have no diminishing in the ability to recognize the danger of their behaviour for the society. In case of indirect criminality is the ability to control their conduct also not affected. In direct criminality, tied directly to the situation of gambling, may at the most occur only insignificant diminishing of self-control abilities.
The before-cited contemplations are ilustrated on the short case report.
Key words: pathological gambling - forensic psychiatric assessment - case report
published by Slovak Society of Skeptics