Main Article Content

Abstract

Objective: This study aims to explore the role of forensic psychiatric examinations in determining the mental state of individuals accused of crimes. It seeks to clarify the relationship between mental disorders and criminal liability, focusing on how both medical and legal criteria are used to assess an individual's sanity. By examining the application of these criteria in judicial processes, the study highlights the importance of ensuring that criminal liability is assigned based on an individual's ability to understand and control their actions. Method: The research employs a comprehensive analysis of forensic psychiatric assessments, incorporating case studies, legal provisions (specifically Article 18 of the Criminal Code of Uzbekistan), and expert opinions. This method systematically evaluates the relationship between mental health conditions and criminal accountability, integrating clinical diagnoses with legal standards to provide a nuanced understanding of sanity in the context of criminal law. Results:  The study finds that forensic psychiatric evaluations are essential in determining sanity, defined as the ability to understand the nature of one's actions and control one's behavior. Mental disorders, such as schizophrenia or temporary conditions like alcoholic psychosis, affect legal judgments. The dual-criteria approach—cognitive and volitional—ensures comprehensive assessments, considering both the individual's mental condition and their legal responsibility at the time of the offense. Novelty: This research introduces a dual-criteria framework, combining medical diagnoses and legal definitions of criminal liability. It emphasizes the importance of forensic psychiatric evaluations in ensuring fair criminal responsibility assignments, recognizing the complexities of mental health within the legal system.

Keywords

Sanity Insanity Criminal responsibility Punishment Subject of crime Criminal code

Article Details

How to Cite
Kumrinisa, A. (2024). MENTAL DEFICIENCY - TO FIND A PERSON A SUBJECT OF CRIME AS A HINDERING CONDITION. International Journal of Business, Law and Political Science, 2(1), 12–16. https://doi.org/10.61796/ijblps.v2i1.261

References

  1. K. Mikołajczuk, “Criminal Liability of People With Mental Disorders: Selected Issues,” J. Perspect. Econ. Polit. Soc. Integr., vol. 28, no. 1, pp. 7–29, 2022, doi: 10.18290/pepsi-2022-0001.
  2. W. H. Reid, “Sanity evaluations and criminal responsibility,” Appl. Psychol., vol. 2, no. 3, pp. 114–146, 2006.
  3. Sherman SL, “NoGuilty But Mentally Ill: A Retreat from the Insanity Defense Title,” Am. J. Law Med., vol. 7, no. 2, pp. 236–264, 1981, doi: 10.1017/S0098858800004925.
  4. D. Nelken, Critical Criminal Law, vol. 14, no. 1. 1987. doi: 10.2307/1410300.
  5. M. K. Rustambaev, “Commentary on the Criminal Code of the Republic of Uzbekistan,” 2004.
  6. V. K. Kandinsky, “On the Issue of Insanity,” p. 38.
  7. Criminal Law, General Part. tASHKENT: Adolat, 1998.
  8. V. P. Serbsky, “Forensic Psychopathology,” Moscow, p. 7, 1985.
  9. F. J. Samandarov, “Criminal Law: Issues of Crime and Punishment,” Baku, p. 137, 1994.
  10. M. Usmonaliev, Criminal Law, General Par. Tashkent: Yangi Asr Avlod, 2005.
  11. Y. Septiani, E. Arribe, and R. Diansyah, “( Studi Kasus : Mahasiswa Universitas Abdurrab Pekanbaru ),” J. Teknol. dan Open Source, vol. 3, no. 1, pp. 131–143, 2020.
  12. K. Abdurasulova, “Stages of Formation of Criminological Doctrines in the Republic of Uzbekistan and Some Tasks of Modern Criminological Science,” Am. J. Polit. Sci. Law Criminol., vol. 3, no. 10, pp. 40–51, 2021.

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