Difficulties in the objective evaluation of esthetic prejudice

Starting from the principle of the human body inviolability, we can state that any prejudice caused to the human body generated damages that have to be restored. Bodily prejudice is recognized as such in the forms of pain, recreational prejudice, esthetic prejudice and sexual prejudice. For their evaluation, the forensic expert has to operate with objective criteria. In the evaluation of esthetic prejudice, it is essential that the initial traumatic injuries, their sequelae, determine a permanent, definitive and disgraceful effect. The forensic practice uses the notion of disfigurement or permanent esthetic prejudice only after all therapeutic means are exhausted. Yet, the subjective consequences do not benefit from any evaluation criteria. We point out some diverging opinions between the medico-legal evaluation and jurisprudence, mostly in relation with the influence of medical treatment over the juridical integration of this consequence in Article 182 of the Romanian Criminal Code.