The main objective of forensic psychiatry is the issue of insanity. More than 90 percent of forensic psychiatric examinations are conducted to resolve this issue.
The problem of sanity - insanity
The legislation does not provide a definition of the concept of sanity. Only lunacy is revealed. Nevertheless, it is envisaged that only a person who has reached a certain age, has a certain level of mental and psychological maturity, is aware of and guides them, is able to control his behavior, 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 escape punishment for their crimes.
Insanity is a painful state of mental activity in which a person cannot properly assess and manage his actions and actions, and give a report on their consequences (Article 21 of the Criminal Code of the Russian Federation). Such a person is not prosecuted. The state of insanity refers exclusively to the period of the crime, that is, it is limited by time. Loss of understanding of the dangers of acts, the inability to evaluate and manage them are most often found in mentally ill people .
A physician, a forensic psychiatric expert, as a result of a number of special diagnostic techniques, have the right to assess the mental state of a person and establish the formula of insanity. Recognition of an accused of a crime as insane is exclusively the prerogative of the court. A person who is in a state of insanity 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).
The basis of insanity
We can distinguish the following criteria of insanity:
- medical (biological);
- legal (psychological).
Medical criteria
is he includes:
- Chronic mental disorder (schizophrenia, epilepsy, affective psychoses, chronic delusional psychoses) 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. Under it is understood a wide range of painful psychotic disorders from reversible mental disorders, for example, reactive psychosis, to short-term disturbances of consciousness (exceptional conditions - twilight, sleeping conditions, etc.). They are of a short nature, often ends in recovery.
- Dementia ( severe mental retardation and various types of acquired dementia). These conditions must be chronic and progressive, must be characterized by impaired orientation, memory, understanding, learning ability, and critical disorder.
- Another painful condition is personality disorder, infantilism, and others.
Legal criteria
It is characterized by a lack of understanding of the nature of their actions (inaction) and possible consequences, as well as the inability to lead 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 motives of his own behavior, that is, it is an opportunity to understand the nature of his actions and to be aware of their consequences.
Often having committed an offense, the criminal sincerely wonders what they are trying to punish him for. For example, a citizen stole a bicycle from a bicycle parking lot or from the entrance of a residential building in order to, according to him, ride and return.
2. The volitional component means the individual's ability to direct his actions.
The volitional criterion is severely violated, for example, in alcohol-dependent people, drug addicts, kleptomaniacs. They seem to understand that they are doing wrong, but they can’t do anything with their desires.
Insanity is a mandatory coincidence of both criteria. Otherwise, it is impossible to deprive a person of the status of a sane.
Sanitary disorders
Often there are 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 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 potential criminal at the time of the crime. A forensic psychological and psychiatric examination is assigned to this category of persons, during which an assessment of the medical criterion (the presence of a mental illness in the examined person) is given, which includes a wide variety of mental disorders and behavioral deviations. This criterion contains two positions - sanity and the inability to fully realize and manage their actions and anticipate their consequences.
Such persons are recognized as responsible and capable of being accountable to the court for their actions, but incapable of fully understanding and managing their actions and anticipating 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, personality disorder) that does not allow him to fully manage his actions.
Thus, the court will take into account the presence of a mental illness in a person and, if necessary, can recommend him observation and treatment by a psychiatrist in the place where he will be sent to undergo punishment.
Intoxicated crimes
Do not confuse the commission of a crime by a person with a mental disorder and a person intoxicated by alcohol or drugs. The use of alcohol only temporarily limits the will and mental activity of a person (the exception is pathological intoxication). Therefore, such a reason will not constitute a mitigating basis when sentencing him, which is expressly provided for by law.
Juvenile delinquents
In recent years, the number of minors committing crimes has increased. For example, a child of 15 years has 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 lagging behind in development, which is not associated with mental illness.
In such cases, a person is not held accountable because he could not fully evaluate his actions and their consequences. Especially often, the lag in mental development is associated not only with previously severe somatic or infectious diseases, biological characteristics of the child's maturation (hereditary, genetic predisposition to the pathology of the endocrine system and others), but also with social factors (unfavorable living and educational conditions, the traumatic situation in the family) . Such children have not yet formed volitional functions and the ability to critically assess the current situation. They also apply a test for the psyche, which primarily draws attention to the presence of mental illness and personality formation.
So, the criteria for a lag in mental development can be:
- low intellectual level;
- mental immaturity;
- social immaturity;
- antisocial behavior;
- heavy character ;
- maximalism of desires;
- desire for self-affirmation;
- infantilism and others.
To give an example: A teenager of 15 years is accused of committing theft by a group of persons. A survey was conducted, a test for the psyche, after which it became clear that he could not fully understand the nature of the actions he performed, since after a head injury suffered in childhood, he began to lag behind in development, showed infantility, liked to watch cartoons, talked with children, younger than yourself in age. His psychological development corresponded to a child of ten to eleven years old. As a result of these reasons, the court found the accused insane according to the age criterion.
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:
- the mental state of the subject;
- the ability of the subject to be aware of the essence and danger of his actions, as well as their possible consequences;
- the necessity of applying compulsory treatment to a person;
- issues of legal capacity, ability to participate and testify in court, and others.
Comprehensive Expertise
If necessary, the most complete personality research can be assigned a comprehensive psychological and psychiatric examination.
Based on the results of the survey, a conclusion is made on 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.
To summarize
- Insanity is a condition that exempts a person from all types 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 implies that the person is sane, but at the time the offense was committed, there was a disease that prevented the subject from fully understanding and managing his actions.
- The presence of a lag in mental development, which is not associated with a mental illness, may be the reason for exemption from liability before the law and the court.
- Sanity and insanity are legal concepts, therefore it is possible to recognize a person as insane only in court.
- The conclusion of the forensic psychiatric examination is advisory in nature, and the court makes its decision at its discretion.
Understanding all responsibility to society, the judiciary assigns this status with extreme caution and based on the results of careful research so as not to relieve criminals who pretend to be mentally ill.