To find out what is invested in the concept of "age-related insanity", you should refer to the current legislation of our country. Traditionally, the main task of the court is to determine the solution according to which the punishment would adequately correspond to the offense committed by the person. This forces one to take into account all the features and circumstances of the situation, the nuances of personal development. The institution of sanity comes to the fore, because only through it can one understand whether the person was aware of what he was doing.
Age and fit
As noted in the laws, age-related insanity of a subject is an institution that allows excluding liability under the Criminal Code if the person's psyche is less developed than it should be in accordance with biological age. Traditionally, this topic attracted the attention of lawyers throughout the entire period of the formation of the domestic legal system. The Institute is of interest and is the object of research by top lawyers from other countries.
The main object that is considered in the case studies - the criteria for talking about insanity. It is equally important to be aware of the principles of applying the accepted criteria to a particular situation.
About basic terminology
If three related concepts - age, age-related insanity, criminal liability. By age, it is customary to understand a complex phenomenon, while legal sources regard it more often from only one point of view. Ascertain the biological criterion. A person is subject to conviction under the Criminal Code from the age of 16, and for some violations of the law - two years earlier.
Under what conditions they talk about signs of age-related insanity, you can find out by reading the legal regulations in more detail. They indicate the applicability of such a term to a person who has biologically reached the age limit, after which he can be recognized as responsible for his deed. At the same time, only those whose psyche, morality, social understanding and self-awareness have reached the appropriate level of development can be found guilty. Individual development involves the ability of a person to manage his decisions when he has the opportunity to choose. At the same time, a person should be guided by social rules, determine their goals, ways to achieve them, remembering the possible consequences for others. A normal person preliminarily evaluates each of his actions, focusing on the norms of law and morality inherent in our society.
About signs
There are medical criteria for age-related insanity. They imply a slowness in the development of the psyche, which is why a person lags behind normal peers. It is important to make sure that there are no mental disorders, diseases. The legal criterion for this phenomenon includes the inability of a person to fully and adequately realize how dangerous his deed was for others. The legal interpretation implies the impossibility of recognizing the actual nature of actions or their absence. This also includes the inability of a person to direct their actions or lack of them.
Temporal criterion is an aspect related to the presence of the first two signs mentioned at the same time at the moment when a person has done something dangerous to society. It is necessary to analyze whether both aspects influenced the person, how exactly.
Concepts of law
development of the psyche, although she had no pathologies.
As established scientifically, in the case of VN, a person under the age of eighteen cannot receive punishment in accordance with the Criminal Code. At the same time, they do not talk about true insanity due to the lack of a medical aspect,described above. The slowness of the formation of the psyche is associated with the characteristics of age, and not with pathologies. The slowness of the development of the mental aspect is revealed by the use of standard methods without specific nuances of the process. To confirm the fact of age-related insanity, it is necessary to conduct a special examination with the involvement of highly qualified psychologists, psychiatrists.
Nuances of the phenomenon
When they talk about age-related insanity, they assume that a person is not mature, while his biological age is over 14 years old. To establish the fact of VN, it is necessary to organize an examination. The initiator of the event is the court. If a person is declared insane, he cannot be punished under the Criminal Code. The court may send a person forcibly treated. Hospital conditions are possible. There is a possibility of an outpatient therapeutic program. Treatment is practiced in a specialized hospital. The grounds for therapy are general.
If insanity is accompanied by a pathological affect, intoxication, the majority of forced therapy is not needed. Possible partial insanity. The court recognizes the situation as such if there is a need to mitigate the level of guilt of the person in relation to the committed unlawful act. Partial becomes insanity, due to non-gross mental disorders. At the same time, a person does not completely lose the ability to evaluate his actions. But in the case when a person has not yet lived up to the age punk, after which they talk about civil maturity, his insanityconsidered physiological.
Interpretation and terminology
The current understanding of the phenomenon of VN, relevant to the legal system of our country, involves the interpretation of the phrase narrowly or broadly. A narrow understanding suggests that a psychological disorder becomes an absolute factor in the exclusion of the application of the concept of age-related insanity to a person. In a broad interpretation, when identifying VL, the possibility of a mental disorder is allowed if it does not lead to a violation of sanity. They take into account that there are such mental disorders in which the pace of development of the human psyche remains standard.
Legal understanding of VN
This criterion combines a couple of signs: the intellect, the will of the person. The first presupposes the person's inability to adequately comprehend what has actually been done, its danger to the people around. The volitional criterion implies the inability to control one's own actions, to direct actions.
To determine the VN, it is necessary to identify at least one significant sign of the state specified by the laws. Responsibility for determining the legal criterion rests with the judiciary. The decision is made based on the results of a comprehensive study of the psyche, human psychology with the involvement of experienced specialists.
About time and VN
To determine the VL, a time criterion is analyzed. The current laws determine the need for the simultaneous manifestation of medical, legal grounds fordeclaring a person insane. Accordingly, the set of signs must be clearly present strictly at the moment when a person commits a dangerous act, violates the law. The temporal criterion is the key to declaring a person insane. It combines the two previously described.
Temporary criterion is devoted to determining the fact that a person, performing some act, did not have a mental disorder, due to which he could not normally evaluate actions. VN, as follows from this conclusion, is a complex of temporary, legal, medical criteria. It is determined by the court, indicates the impossibility of applying the rules of the Criminal Code to a person, despite the fact that something illegal committed by a person should be punished precisely according to this set of laws. Insanity is a legal category. This follows from the fact that such a status can only be given by the court.
Object and actions
The significance of VN is that a person recognized as such, by default, cannot be the subject of an offense. Hence, there is no composition of the act, as a consequence, responsibility. The value of VN for the CC is regulated by the fact that a person recognized as VN cannot be held liable under the CC. It is also difficult to forcefully send a person for treatment, since the lag in the formation of the psyche is not a disease. It is impossible to apply educational measures in a forced form, that is, according to the Criminal Code there are no legal measures applicable to VN.
LawsIn our country, the opportunity was noted for VNs who have not reached the age of majority, due to an unlawful act, to end up in a special closed educational institution where a person will be taught. Such a measure does not belong to the category of criminal law.
