Criminal Responsibility of Offenders with Personality Disorders with an Emphasis on Crime Psychological Factors


  •  Ali Reza Milani    
  •  Zahra Gharibi    

Abstract

A variety of psychiatric disorders but dementia are among the issues discussed in criminology and can have a significant influence on the criminal responsibility of the perpetrators and the patients with such disorders and consequently on their criminal law. Mental disorders which encompass a wide range of mild, moderate, and severe neuropsychiatric illnesses are usually resulting from biological-psychological-social factors which make up a person's personal and social environment. Susceptibility to these disorders can be studied from different perspectives, including the law and criminal law perspective. Legislator with the knowledge and understanding of this issue has always made an attempt to lay down rules which fir this unfortunate phenomenon and has also taken measures in this regard. However, the achievements of medical sciences, especially psychology and psychiatry, suggest that some mental disorders, due to the expropriation of belonging, understanding, and determination, nullify the criminal responsibility and a number of disorders, due to having influence and pressure on reasoning, understanding, and decision-making, reduce the criminal liability. Due to lack of having influence on individuals' reasoning, understanding, and decision-making, some others do not have effect on criminal responsibility; however, they put mental health at risk.


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