بررسی معیارهای احراز مسئولیت جزایی در افراد مبتلا به اختلال روانی

Abstract (English)

The issue of determining criminal responsibility in individuals with mental disorders is one of the most important topics in criminal law and a fundamental concern for the criminal justice system, as establishing the responsibility or non-responsibility of individuals with mental disorders directly affects the type of punitive response, the protection of victims' rights, and the fair implementation of justice. The significance of this study arises from the increasing prevalence of mental disorders and the complexity of psychiatric diagnoses, which have made the distinction between “crimes resulting from mental disorders” and “ordinary crimes” more difficult, thereby highlighting the need for a precise review and clarification of the criteria for determining responsibility. Accordingly, the main research question addresses what the reliable criteria for establishing criminal responsibility in individuals with mental disorders are. The primary objective is to clarify these criteria for individuals affected by psychiatric disorders. The study employs a descriptive–analytical method, relying on library sources to describe and analyze the subject. The findings indicate that determining criminal responsibility in individuals with mental disorders requires simultaneous attention to three main indicators: first, cognitive capacity, meaning the ability to understand the nature of the crime and distinguish right from wrong; second, volitional capacity, which refers to the extent of the individual’s control over their own behavior; and third, precise clinical evaluation, which must be conducted by forensic psychiatric specialists according to scientific standards. The findings further indicate that the lack of a clear definition of disorders affecting responsibility, the conflicts between legal and psychiatric perspectives, and weak coordination mechanisms between courts and treatment centers constitute the most significant challenges in this field.

English