INSANITY AS AN ESSENTIAL ELEMENT OF THE SUBJECT OF CRIME

Abstract

Both in science and in judicial practice, there are various, sometimes opposite, approaches to accounting for mental disorders that do not exclude sanity when imposing a sentence (from real accounting as a mitigating circumstance to completely ignoring this circumstance). On the one hand, when imposing punishment, it is necessary to take into account the special mental state of the person in which he was at the time of the crime, on the other hand, such subjects often pose an increased social danger, committing grave and especially grave crimes. These circumstances lead to an increased level of difficulty in resolving the issue of sentencing that meets the principles of guilt, justice and humanism. Certain difficulties arise when compulsory medical measures are applied to persons with a mental disorder that does not exclude sanity, both due to the debatable scientific grounds for compulsory treatment and its combination with punishment, and in connection with contradictory legal regulation. The above stipulates the urgent need for the correct application of the criminal law to persons with a mental disorder that does not exclude sanity, the interpretation of regulations in a systemic relationship both with domestic legislation and with international standards, taking into account the latest changes in legislation, trends in judicial practice, understanding the content of novels of criminal law, interdisciplinary aspects of this problem, requiring knowledge of various fields - forensic psychiatry, psychology, criminal, criminal procedural law, criminal executive law, as well as criminology.