Insanity offenders is an important circumstances, exclude the unlawfulness of the offender act that would be otherwise considered a criminal offense. This means that anyone who commits a criminal act otherwise in a state of insanity, for such behavior is not criminally responsible and can not therefore be prosecuted, respectively. can not be found guilty of a criminal offense.
When examining issues of sanity is determined whether the perpetrator was able to commit time
– to control their actions and
– to recognize the dangerousness of their actions.
If at least some of these abilities at the time of his offense was completely resolved, acted offender in a state of insanity, and therefore can not be convicted. However, if the offender was only reduced sanity (ie control or cognitive abilities were only weakened, but not absent), the offender for their actions and criminally responsible for the reduced sanity into account only at sentencing.
The question of sanity is solved with the help of experts in psychiatry, who study the psychological status of offenders act. Based on expert opinion, then such an offender can also be ordered protective treatment that in future similar offender in a state of insanity or lack of sanity does not happen again.
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