Problem of Insanity in the Criminal Law

Authors

  • Miodrag N. Simović Academician, Vice-President of the Constitutional Court of Bosnia and Herzegovina, Full Professor of the Faculty of Law of Banja Luka, Corresponding Member of the Academy of Sciences and Art of Bosnia and Herzegovina, Foreign Member of the Russian Academy of Natural Sciences and Active Member of the European Academy of Sciences and Arts
  • Dragan Jovašević Full Professor of the Fakulty of Law in Nis, Nis
  • Vladimir M. Simović Assistant Professor, Prosecutor of the Prosecutor’s Office of Bosnia and Herzegovina and Faculty for Security and Protection Independent University in Banja Luka, Banja Luka

Abstract

When criminal act is committed that represents grounds for implementation of criminal sanction toward its
perpetrator by a court in a legally prescribed criminal proceedings. However, in order for a criminal sanction to be applicable,
it is necessary to establish a guilt of a perpetrator. Base line of this guilt (criminal liability) is sanity. In a case of insanity
there is no criminal liability nor could that person be sanctioned. Also, sanity of a perpetrator could be diminished
(to a greater or lesser degree). That is when we have diminished responsibility that does not exclude guilt but affects type
of sanction prescribed. Both insanity and diminished responsibility represent also base line for implementation of special
type of criminal sanctions towards the perpetrators – medical safety measures. Insanity, its term and characteristics is the
subject of this paper both from the theoretical and practical point of view.

Downloads

Published

2023-08-29

Issue

Vol. 4 No. 4 (2015): ČASOPIS VJEŠTAK

Section

Чланци