The main task of forensic psychiatry is the problem of insanity. More than 90 percent of forensic psychiatric examinations are carried out to resolve this issue.
The problem of sanity - insanity
The legislation does not provide a definition of the concept of sanity. Only insanity is revealed. Nevertheless, it is stipulated that only a person who has reached a certain age, has a certain level of mental and psychological maturity, is accountable for the commission of certain actions and manages them, is able to control his behavior, to show consciousness and will, is responsible before the law. Only in the presence of these signs can we talk about the sanity of a citizen.
The concept of insanity
but there are people who can get away with their crimes.
Insanity is a painful state of mental activity, in which a person cannot correctly evaluate and manage his actions and deeds, and give an account of their consequences (Article 21 of the Criminal Code of the Russian Federation). Such a face is notis subject to criminal liability. The state of insanity refers exclusively to the period of the commission of the crime, that is, it is limited by time. Loss of understanding of the danger of actions, the inability to evaluate and manage them are most often found in mentally ill people.
Assess the mental state of a person and establish the formula of insanity has the right to a doctor, a forensic psychiatric expert as a result of a number of special diagnostic techniques. The recognition of the accused of a crime as insane is the exclusive prerogative of the court. A person who is in an insane state when committing a crime is released from liability and placed in a psychiatric hospital for treatment (Article 21 of the Criminal Code of the Russian Federation).
Basis of insanity
The following criteria of insanity can be distinguished:
- medical (biological);
- legal (psychological).
Medical criterion
It includes:
- Chronic mental disorder (schizophrenia, epilepsy, affective psychosis, chronic delusional psychosis) is characterized by a painful mental disorder and a change in attitude to the outside world, when disorders of consciousness, memory, thinking, affect, behavior, critical abilities are expressed.
- Temporary mental disorder. It is understood as a wide range of painful psychotic disorders from reversible mental disorders, for example, reactive psychosis, to short-term disturbances of consciousness (exceptional states- twilight, sleepy states, etc.). They are short-lived, often ending in recovery.
- Dementia (severe mental retardation and various types of acquired dementia). These conditions must be chronic and progressive, must be characterized by a violation of orientation, memory, understanding, ability to learn, a disorder of critical abilities.
- Another disease state - personality disorders, infantilism and others.
Legal criterion
Characterized by a lack of understanding of the nature of their actions (inaction) and possible consequences, as well as the inability to manage them. The legal criterion includes two components:
1. Intellectual is characterized by a person's awareness of his actions, a full understanding of the situation and the motives of his own behavior, that is, it is the ability to understand the nature of his actions and be aware of their consequences.
Often having committed an offense, the offender sincerely wonders why they are trying to punish him. For example, a citizen stole a bicycle from a bicycle parking lot or from the entrance of a residential building in order, according to him, to ride and return it.
2. The volitional component means the ability of an individual to control his actions.
The volitional criterion is severely violated, for example, in people addicted to alcohol, drug addicts, kleptomaniacs. They seem to understand that they are doing bad things, but they cannot do anything with their desires.
Insanity is a mandatory match of both criteria. Otherwise, deprivea person of the status of a sane person is impossible.
Disorders not precluding sanity
There are often cases of prosecution of persons with a mental illness that does not exclude sanity (limited sanity). In such situations, article 22 of the Criminal Code of the Russian Federation applies. This legal norm has been used in Russian legislation since 1997. In essence, it is identical to the category of reduced sanity used in the criminal law of a number of foreign countries.
The introduction of this article provided an opportunity to more accurately determine the mental state of a possible offender at the time of the crime. This category of persons is assigned a forensic psychological and psychiatric examination, during which an assessment is made of a medical criterion (the presence of a mental illness in the person being examined), which includes a variety of mental disorders and behavioral deviations. This criterion contains two positions - sanity and the inability to fully realize and manage one's actions and foresee their consequences.
Such persons are recognized as sane and able to answer before the court for their actions, but unable to fully understand and manage their actions and foresee their possible consequences. That is, a person is sane, he understands what is happening and what he is doing, but has a mental illness (for example, a personality disorder), which does not allow him to fully manage his actions.
Thus, the court will take into account the presence of mental illnessin a person and, if necessary, can recommend that he be observed and treated by a psychiatrist in the place where he will be sent for punishment.
Crimes committed while intoxicated
Do not confuse the commission of a crime by a person with a mental disorder and a person intoxicated with alcohol or drugs. The use of alcoholic beverages only temporarily limits the will and mental activity of a person (an exception is pathological intoxication). Therefore, such a reason will not be a mitigating ground for sentencing him, which is expressly provided for by law.
Juvenile offenders
In recent years, the number of minors who commit crimes has increased. For example, a child of 15 committed an offense. A forensic psychological and psychiatric examination was carried out, which established that he did not suffer from a mental disorder. However, the child is developmentally delayed, which is not related to mental illness.
In such cases, the person is not held accountable because he could not fully assess his actions and their consequences. Especially often, mental retardation is associated not only with previous severe somatic or infectious diseases, biological characteristics of the child’s maturation (hereditary, genetic predisposition, pathology of the endocrine system, and others), but also with social factors (unfavorable living and upbringing conditions, mentally traumatic environment infamily). Such children have not yet formed volitional functions and the ability to critically assess the current situation. A mental test is also applied to them, where, first of all, attention is drawn to the presence of mental illness and features of personality formation.
Thus, the criteria for mental retardation can be:
- low intellectual level;
- mental immaturity;
- social immaturity;
- antisocial behavior;
- heavy character;
- maximalism of desires;
- the desire for self-affirmation;
- infantility and others.
Let's give an example: A 15-year-old teenager is accused of committing a theft by a group of people. An examination was carried out, a test for the psyche, after which it became clear that he could not fully understand the nature of the actions he committed, because after a head injury suffered in childhood, he began to lag far behind in development, showed infantilism in character, liked to watch cartoons, talked with children, younger than himself in age. His psychological development corresponded to that of a child of ten or eleven years of age. As a result of these reasons, the court found the accused insane on the basis of age.
Forensic Psychiatric Examination
Insanity is an issue that is decided by the court on the basis of the conclusion of a forensic psychiatric examination, which is carried out by a psychiatrist or a commission of doctors, forensic psychiatric experts on the basis of an investigator's decision or a court ruling.
Examination procedure
During the examination, the following is examined:
- mental state of the subject;
- the ability of the subject to realize the essence and danger of his actions, as well as their possible consequences;
- necessity to apply compulsory treatment to a person;
- issues of procedural capacity, ability to participate and testify in court and others.
Due diligence
If necessary, the most complete study of the personality may be assigned a comprehensive psychological and psychiatric examination.
According to the results of the survey, a conclusion is made about the condition of the person. The court makes its decision, taking into account the opinion of experts, but the conclusion itself is only advisory in nature.
Summarize
- Insanity is a state that frees a person from all kinds of responsibility. It serves as the basis for referring the defendant to treatment.
- The state of insanity is based on two criteria: medical and biological.
- Limited sanity means that the person is sane, but at the time of the offense had a disease that prevents the subject from fully understanding and controlling his actions.
- The presence of mental retardation, which is not associated with a mental illness, may be a reason for exemption from liability before the law and the court.
- Responsibility and insanity are legal concepts, therefore, a person can be recognized as insane only in court.
- The conclusion of a forensic psychiatric examination is advisory in nature, and the court makes its decision at its discretion.
Understanding the full responsibility to society, the judiciary assigns this status with extreme caution and on the basis of the results of thorough research, so as not to exonerate criminals who pretend to be mentally ill.
