Prof. Dr. Jetmire Zeqiri
University of Tetovova- Fakulty of Low
This paper analyzes the institute of insanity, incapacity because of a mental disorder, as one of the main causes of exemption from criminal liability, in order to present a more comprehensive configuration of this institute.The institute of insanity presents sufficient interest, as much as unclear points. The uncertainty that characterizes the field, the fact that different thesis and orientations are radically at odds with each other, necessarily requires reflection, grounding and continuous proposals from the doctrine and practice as well. There are numerous uncertainties, especially those dealing with the impeachment of insane subjects and their final legal treatment. In terms of risks, we are dealing with an area where criminal law, inevitably, interacts with other disciplines (psychiatry), due to which lawyers must be careful not to infringe balances already established from both criminal and forensic sciences in solving cases of exemption from criminal liability because of a mental disorder.
The following paper tries to give an overview of the different orientations that characterize the problem in question, to underline the conclusions achieved from the jurisprudence, to reason not only on the basis of the effective normative, but also on the basis of perspective and the capacity of reformation, seeking to develop points of reflection and also to avoid unreasonable controversies. The main issue, as well as the most controversial one, deals with the question: What does insanity mean and whom it serves?
Key words: mental capacity, insanity, legal criterion, diminished mental capacity, medical measures, forensic expertise.
Volume 7.No.2(2023): April – (Social Sciences Session)
ISSN 2661-2666 (Online) International Scientific Journal Monte (ISJM)
ISSN 2661-264X (Print)
DOI : 10.33807/monte.20232848
This is an open access article under the CC BY-NC-ND license (creativecommons.org/licenses/by-nc-nd/4.0/)