To simulate in a legal process is to fake the mental state that one does not possess, in order to obtain a decrease or cancellation of the criminal responsibility. Forensic psychiatrists and psychologists and administrators of justice have the difficulty of determining whether a person involved in a legal proceeding presents or does not present a mental illness that modifies guilt as cited in COIP in Sections 34 and 36. The objective of this article is that with the application of the forensic psychiatric-psychological protocol, the simulation diagnosis is demonstrated, and with the presentation of a forensic case in which the accused citizen simulated a mental illness with psychopathological productivity and once it was the expert evidence at the trial stage, he was sentenced as guilty, clarifying the simulation diagnosis. In conclusion, the simulation does not change the imputability.
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