Sanity. concept and criteria of insanity. diminished sanity

What is it: concept

What does insane mean?

Insanity is established within the framework of criminal investigations. This is a special state of a person who has committed an illegal act.

In this state, a person does not realize the nature of the socially dangerous actions he commits, and makes wrong decisions due to the presence of certain mental problems.

If, as a result of standard procedures, it is determined that a person is not capable of bearing responsibility for the act committed, he is sent for treatment. Medical assistance is prescribed compulsorily.

The establishment of the concept of insanity is associated with the awareness by specialists of the fact that the behavior of a person with certain mental problems cannot be assessed in the same way as the behavior of healthy individuals.

The presence of a disease that distorts the perception of reality requires a special approach. Such people cannot partially or fully assess the social significance of the offense they have committed, the degree of their guilt, or the severity of the consequences.

Accordingly, the use of standard preventive measures is not justified from the point of view of the law.

Limited Sanity

Often, even if the defendant has mental health problems, he is declared sane or partially sane.

In this state, he is actually aware of his actions, but due to internal motivations beyond his control, he cannot act otherwise.

Limited sanity is a softened version of insanity, a borderline state between absolute sanity and insanity.

In this case, criminal liability will occur, but limited sanity will serve as a mitigating circumstance for her.

So, limited sanity is possible in the following mental states:

Alcoholism and drug addiction;
Various degrees of neuroses and depression;
Personality disorders, paranoia.

Types and features

Depending on the problems a citizen has, the following types of insanity are distinguished:

Chronic mental illness: psychosis, schizophrenia, progressive paralysis, paranoia, etc. These are quite common problems that are chronic, progressive in nature. And although whitening light intervals are possible during the course of diseases, a person, as a rule, cannot completely get rid of them.
Temporary disorders: delirium tremens, alcoholic psychosis, pathological intoxication. These conditions are acute, but do not last long. They are caused by specific reasons associated with adverse effects on the body. After their completion, the person returns to a normal state.
Dementia: idiocy, imbecility, debility.
These are the most severe forms of diseases that lead to inevitable damage to mental abilities. The three forms of dementia differ in the severity of symptoms.
Other painful conditions: hallucinations, delusions, drug withdrawal. These are various psychopathic conditions that are not diseases in nature, but lead to certain disorders.

Possible reasons

Mental insanity can be caused by various factors affecting either the human psyche or the brain, or it can also be a consequence of a neurological illness or alcoholic delirium.

The result of mental retardation, lack of intelligence.
Stable dementia. These include imbecility, idiocy, and debility. Acquired dementia may also occur, namely dementia that develops due to trauma or organic damage to the brain as a result of meningitis, encephalitis, or the natural aging process.
Chronic personality defect of increasing nature.
Progression of a diagnosed psychiatric illness, in particular schizophrenia, progressive paralysis, senile and senile psychoses, epilepsy, manic-depressive psychosis.
The result of a temporary mental disorder: depression, prolonged stress, pathological intoxication, delirium tremens, infectious psychoses, prolonged neurosis, chronic fatigue syndrome. All this can lead to temporary insanity.
Infantility and abstinence can also provoke temporary insanity.

Criteria

What criteria constitute a sign of insanity?

It is customary to distinguish two key criteria for insanity: legal and medical (biological).

The legal criterion includes: intellectual, volitional signs of behavior.

The intellectual aspect involves a person's lack of adequate understanding of what he is doing.

That is, he is not aware of the actions being taken, does not understand the danger that they pose to other people.

A strong-willed sign is the lack of the ability to fully manage one’s behavior. Persons with such impairments cannot regulate their actions.

The medical level is determined by the presence of certain mental problems that lead to the emergence of a legal criterion.

In this case, it is sufficient to establish that at the time of the commission of the unlawful act the person suffered from one of the forms of mental illness recognized by criminal law.

Medical criteria alone are not sufficient for the court to make a final decision. This information only allows us to proceed to the subsequent determination of the presence of a legal criterion.

The doctrine of insanity in the history and theory of criminal law

The concept of insanity is of relatively recent origin. In Roman law, the ability to answer for harm caused by a crime merged with the ability to take actions with legal consequences; in other words, criminal responsibility coincided with civil capacity. However, there were separate regulations on the irresponsibility of minors (Latin infantes), the insane (Latin furiosi), etc. The sources sometimes use the Latin expression. injuriae sarah, doli or lat. culpae capax; on the other hand, the concept of Lat. innocentia consilii; but no general signs of sanity were established. The signs of sanity were not established in medieval law either.

Only at the end of the 19th century did attempts to define the general conditions of imputation appear and the concepts of sanity and insanity were developed. Historically, the concept of “insanity” was the first to appear: the establishment of signs of sanity was done in a negative way.

In the legal literature, there are several approaches to the interpretation of insanity. Some authors identify insanity with a certain mental state that excludes the possibility of awareness of one’s socially dangerous actions and control over them, and allows one to raise the question of exculpation (release from criminal liability) of a person. Others, criticizing this position, point out that “insanity is nothing more than the inability of a mentally ill person to act guiltily.”

How is a person declared insane?

The sign of insanity consists of two main aspects:

medical – the very cause of the subject’s condition, the conclusion of a forensic medical examination;
legal – the inability of the subject to form a conscious attitude towards the crime committed.

Precisely because the subject is, in fact, incompetent, punishment for what he has done cannot be imposed on him on a general basis in accordance with the Criminal Code of the Russian Federation.

The basis for a person to be declared insane can only be a court decision, which is based on the conclusion of a forensic psychiatric examination - Article 196 of the Code of Criminal Procedure of the Russian Federation.

It should be noted that a forensic psychiatric examination is always carried out for particularly serious crimes. In all other cases, it can be prescribed only for:

initiative of the investigator leading the case;
if the offender is already registered at a psychoneurological dispensary.

A forensic psychiatric examination cannot be carried out in private - only by decision of the court in a medical institution appointed by it.

The expert's conclusion will be the basis for a court decision in the case - if insanity is recognized, then the punishment will be chosen in accordance with this circumstance.

There are three types of examination:

outpatient;
in the investigator's office;
in the courtroom;
stationary;
correspondence

An outpatient examination is carried out in the investigative department or even in the courtroom. The commission consists of 3 people, one of whom is necessarily a rapporteur - he studies the case materials, talks with the object and draws appropriate conclusions. Making a diagnosis in this case can be problematic, so this type of SPED is carried out only to officially certify the already visible diagnosis of the criminal.

A forensic psychiatric examination in the investigator’s office is similar to an outpatient one, but only one specialist works here and often the purpose of such an event is a consultation - he gives a written conclusion, and, if necessary, a referral to an inpatient or outpatient SPED.

Inpatient examination is carried out in a medical institution. In this case, the person is placed in an inpatient psychiatric hospital and all necessary measures are taken and his behavior is monitored.

Please note: you cannot keep a person for more than 30 days. If during this period it is impossible to accurately establish his sanity, then the expert commission draws up a conclusion according to which it is necessary to extend the examination

A copy of such a decision is sent to the court.

A forensic psychiatric examination is carried out in the courtroom during the hearing of the case. In this case, the forensic expert has the right to familiarize himself with the case materials in advance; during the meeting, he interviews the person and gives his conclusion: a decision on the degree of sanity, a referral for an inpatient or outpatient forensic psychiatric examination.

The correspondence form of SPED is carried out only when it is impossible to conduct it in person. Typically this is a post-mortem study. This type of SPED can be carried out not only within the framework of criminal proceedings, but also civil ones. For example, if you need to verify the legitimacy of a will.

During a forensic psychiatric examination regarding a person’s insanity in criminal law, the expert must establish the following:

degree of legal capacity and sanity;
whether involuntary treatment is appropriate;
whether a person can serve a sentence of imprisonment.

Important: if insanity is established, a repeated medical examination will be carried out every six months. And if it is established that the criminal’s health has improved during this time, then he may be charged with real punishment under the article, but if the statute of limitations has not expired

What is the punishment?

Punishment for cases of insanity is possible only in the form of compulsory treatment. The length of stay of a person in a psychiatric hospital is determined individually.

How to declare a person incompetent

The procedure for declaring a person incompetent is strictly regulated by the legislator.

The law strictly defines the category of persons who have the right to apply for recognition of a person as incompetent, the grounds for declaring a citizen incompetent, and the bodies competent to consider this issue and make a decision on it.

Who can apply

The incapacity of citizens can be recognized on the basis of an application, which can be submitted by one of the following categories of persons:

A spouse or a person living together as a citizen;
Children who have reached adulthood;
Parents who are competent;
Representative of the guardianship and trusteeship authority;
A representative of a medical institution;
A representative of the social institution in which a person with disabled status lives.

Where to contact

To declare a person incompetent, you should contact the district court at the place of his registration. It is this body that is authorized to make decisions.

If it is impossible to go to court, it is possible to appeal to the guardianship and trusteeship authority, which, after receiving an application, applies to the judicial authority on its own behalf with an application.

How to write an application

So, as previously stated, only a court can recognize a person as incompetent. To do this, you must contact the authority with a corresponding application.

The application must contain the following information:

Full name of the authority (as a rule, this category of cases is considered by district courts);
Personal data of the applicant, information about his place of residence, contact information;
Data of the person in respect of whom the process of recognition as incapacitated is initiated;
Next, the circumstances are indicated in accordance with which there are grounds for declaring a person incompetent;
A request to the court to deprive a person of his legal capacity;
A list of documents that are attached to the application and serve as evidence.

Carrying out an examination

A mandatory document, in the presence of which a citizen may lose the status of legal capacity, is the conclusion of a forensic psychiatric examination, which confirms the fact that the citizen has mental illness.

The appointment of such a study is carried out on the basis of a court decision. A psychiatric forensic examination can be carried out forcibly in cases where the court finds that a person is avoiding undergoing it.

The study is carried out under the following conditions:

Stationary;
Outpatient;
During the trial.

The expert poses questions that are the object of the case study. Based on the answers, the court makes a conclusion about the presence of reasons for deprivation of legal capacity or their absence.

In the absence of sufficient grounds for her appointment, the court decides not to appoint her and refuses to satisfy the claim.

Required documents

There are several recommendations regarding what documents are needed in order for the court to consider and satisfy the application. You can prove the need to deprive a person of legal capacity by preparing the following list of documents:

The results of the psychiatric examination;
Certificate confirming that a person is registered as a psychiatric patient;
Documents confirming the citizen's disability.

The applicant must also prepare:

Documents confirming his identity and the identity of the person in relation to whom the procedure is being carried out;
Family composition document;
Evidence confirming the existence of family relationships.

Making a decision

After considering the application, as well as all documents attached to it, the court makes a decision. The decision receives legal force only 30 days after its announcement, in the event that the person against whom the process was carried out did not file an appeal.

When the application is satisfied, then after receiving the act of force, it is transferred to the guardianship and trusteeship authorities to carry out the procedure for placing the person under guardianship. If it is impossible to establish a guardian within the period prescribed by law, the duties of the guardian are temporarily assigned to the social body.

How long does the procedure for declaring incapacity last?

It is impossible to specifically indicate the period of time during which the court considers the submitted application. Each case is individual. As a rule, this period is from three to six months. This period depends on the duration of the psychiatric study and the amount of work of the judge.

Definition of insanity

To determine the insanity of a person who has committed a crime, a forensic medical examination is assigned, without which it is impossible to recognize and confirm its presence.

The conclusion of the forensic medical examination reflects the following circumstances:

the presence of previously identified mental disorders in the subject - dynamics, complications, impact on the life of the subject;

hereditary predisposition to mental disorders - features of the early development of the person being studied;

features of response to mental trauma and various everyday circumstances;

features of memory, thinking, intelligence, mood, emotional-volitional sphere - special attention to violations;

the subject’s previous history of somatic diseases and other factors affecting the person, such as the use of psychoactive substances, traumatic brain injuries, etc.;

the attitude of the subject to the legal situation in which he finds himself;

psychotic disorders that are present at the time of examination;

the attitude of the subject to the painful mental disorders he previously had;

state of consciousness of the subject – orientation in time, in the environment, one’s own personality and understanding of the purpose of the examination;

dynamics of the testimony of the subject during the trial and investigation.

According to Art. 21 of the Criminal Code of the Russian Federation, the list of forms of painful mental disorders is limited to temporary and chronic mental disorders, painful mental states and dementia. To specify these forms, let’s consider the diseases that relate to them.

Chronic mental disorders: manic-depressive psychosis, schizophrenia, progressive paralysis developing as a result of cerebral syphilis, paranoia, progressive senile dementia, etc.

This type of disorder includes disorders that are a consequence of intractable or incurable mental illnesses, which tend to increase painful symptoms and are long-lasting. Disorders can occur paroxysmally, that is, as if “rolling over” the patient in leaps, or linearly, progressing over time.

Temporary mental disorders: delirium tremens, alcoholic psychosis, reactive symptomatic states, pathological intoxication. These disorders occur very quickly and most often end in recovery.

Dementia is a significant decrease in mental abilities of a permanent nature. This type of disease can be acquired as a result of meningitis and other severe neurological diseases suffered in the first three years of life, or congenital.

Degrees of dementia:

deep degree of damage - idiocy;
average degree of damage - imbecility;
mild degree of damage - debility.

Other painful mental states are conditions caused by an exceptional condition or dementia, mental illness, but at the same time accompanied by various temporary mental disorders.

Morbid mental states: acute hallucinatory delusional states caused by severe trauma, infection, drug addiction, etc.

To determine insanity, legal and medical criteria must be present. The absence of one of them excludes a state of insanity in a person who has committed a socially dangerous act.

Part 2 art. 21 of the Criminal Code of the Russian Federation states that compulsory medical measures may be applied to a person who has committed a crime in a state of insanity, by a court decision. When prescribing these measures, the court chooses whether to place the guilty person under medical supervision or transfer him to the care of relatives. The type of medical institution is also selected by the court.

Consideration of cases of insanity of a person who committed a crime must take into account the opinions of psychiatric experts and all materials of the case. The assistance of a criminal lawyer can be aimed at collecting evidence about the defendant’s insanity, challenging the results of a forensic medical examination, filing motions, statements and generally protecting the interests of the client.

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Criteria

There are two criteria by which insanity is determined.

The first is medical. Includes the following states:

the presence of a chronic mental disorder, characterized by serious mental disorders and accompanied by a change in one’s attitude towards the world around; problems with memory and consciousness, defects in thinking and critical abilities are noted;
dementia, characterized by chronic progression of memory impairment and the ability to learn and critical thinking;
a temporary disorder that is reversible and has a short duration.

The second is legal:

intellectual component - lack of understanding of one’s actions or one’s own inaction, lack of awareness of upcoming consequences, lack of ability to lead and control them, for example, a person may steal a bicycle to ride it, thinking that it is normal, if he is caught, he will say that he borrowed it and was going to return it;
age component - children cannot answer to the court for their actions; this also includes adults with serious developmental delays, whose level of intelligence corresponds to childhood;
the volitional component is the individual’s inability to direct actions. This criterion is violated, for example, in people who are dependent on alcohol, kleptomaniacs or drug addicts. They realize that they are doing wrong, but cannot resist their desires.

When the judicial system makes a diagnosis of insanity, one of the criteria discussed above is taken as the basis. Based on them, it is determined what the mitigation measure will be. As a rule, this is compulsory treatment.

Characteristic manifestations

I present to you the signs of insanity for your consideration.

Lack of awareness of the actions being performed, which can be destructive or carry threatening consequences, aimed both at the person himself and at his environment. This includes such cases as lighting a fire in an apartment, laying out pebbles on the rails in front of an oncoming train, or feeding an infant raw meat. An insane person does not understand the consequences of his actions.
Inability to control one’s actions, sudden commission of rash actions. For example, an attack on a person in a state of passion, when the patient may not even remember what he committed under the influence of violent emotions.
Lack of awareness of one's actions and their content. This may include clearly negatively colored actions that have no factual basis. For example, pushing people in front of a moving train, adding poison to food.

Now you know what the concept of insanity is. You need to understand that there can be many reasons influencing the development of this condition. There are also certain predisposing factors that function as a trigger.

Distinction from incapacity

What is the relationship between these concepts?

The concepts differ from each other primarily in the nature of the volitional component.

Thus, the presence of mental problems in an insane person leads to serious violations in the volitional sphere.

He is not able to consciously perform actions and bear responsibility for them in the future. The fact of capacity or lack thereof is determined from the point of view of the deviation of volitional qualities from average values.

There are several levels in accordance with the age restrictions of criminals (up to 14 years, up to 18 years), and their state of health.

The second important difference is the medical evaluation criterion. A person is considered insane not only when mental problems manifest themselves on an ongoing basis.

Behavior may deviate from the norm for some time.

That is, the fact of the presence of health problems can be established in relation to a specific period of commission of the crime. Incapacity implies the presence of a chronic pathological condition.

But to recognize that a person has a disease that does not allow him to fully bear responsibility for his actions, in this case it is not enough just to make a diagnosis. It is necessary to further establish the extent of personality changes that occurred due to the disease.

The procedural order in both cases is also different.

The question of a citizen’s sanity arises when he has committed a specific illegal act.

It is his involvement as an accused, a suspect in a criminal case, that becomes the reason for raising this issue.

Recognition of incapacity can occur independently, without any connection to the citizen’s legal relations with other persons or the offenses he commits.

It is also not allowed to recognize the fact of incapacity during the consideration of any criminal cases to which the person is directly related.

If during this period it turns out that a citizen has a chronic mental disorder, then consideration of issues affecting his rights and obligations becomes illegal.

Such a person cannot defend himself and needs a legal representative.

Disorders that do not preclude sanity

There are often cases of bringing to justice persons with a mental illness that does not exclude sanity (limited sanity). In such situations, Article 22 of the Criminal Code of the Russian Federation is applied. This legal norm has been used in Russian legislation since 1997. In essence, it is identical to the category of diminished responsibility 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 possible criminal at the time of the crime. This category of persons is assigned a forensic psychological and psychiatric examination, during which an assessment is made of the medical criterion (the presence of a mental illness in the person being examined), which includes a wide variety of mental disorders and behavioral deviations. This criterion contains two positions - sanity and the inability to fully understand and control one’s actions and foresee their consequences.

Such persons are recognized as sane and capable of answering before the court for their actions, but unable to fully understand and control their actions and foresee their possible consequences. That is, a person is sane, he understands what is happening and what he is doing, but he has a mental illness (for example, a personality disorder) that does not allow him to fully control his actions.

Thus, the court will take into account the presence of a mental illness in a person and, if necessary, may recommend that he be observed and treated by a psychiatrist in the place where he will be sent to undergo punishment.

Legal consequences

The law determines (Article 21 of the Criminal Code of the Russian Federation) that a citizen who is declared insane is exempt from liability.

This is explained by the fact that the very fact of insanity abolishes the criminality of the act and is the basis for closing the criminal case.

In such cases, the court has the right to order compulsory medical treatment. This measure is implemented by specialized healthcare institutions, to which the citizen is sent regardless of his wishes.

Compulsory psychiatric care is provided to the patient in order to prevent him from committing new dangerous social acts. Placing him in a specialized institution eliminates the risk of harm to himself and to other people.

Such a coercive measure is not considered from the point of view of punishment, since it does not pursue such a goal.

The main task in this case is to provide a person with a mental illness with the necessary medical assistance, which will correct his behavior and prevent him from committing new offenses in the future.

Thus, insanity is recognized only on the basis of the results of the examination. Revealing that a criminal has certain mental problems becomes the reason for closing the criminal case and sending the person for compulsory treatment.

The subject of the crime and his insanity:

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Notes

Borodin S.V.
Insanity // Legal Encyclopedia / edited by. ed. B. N. Topornina. - M.: Yurist, 2001. - P. 602. - 1272 p. — ISBN 5-7975-0429-4.
1. 5, § 2 D. ad legem Aquiliam, 9, 2; 1.23 D. de furtis 47, 2; i. 12 D. ad legem Corneliam de sic. 48.8.
Pavlov V.G.
Subject of the crime and criminal liability. - St. Petersburg: Lan, St. Petersburg University of the Ministry of Internal Affairs of Russia, 2000. - P. 65-66. — 192 p. — ISBN 5-8114-0260-0.
Nazarenko G.V.
Legal and criminological significance of criminally relevant mental states. — Orel: Orel State Technical University, 2002. — P. 83. — 200 p. — ISBN 5-89963-045-7.
See: Shishkov S. The concepts of “sanity” and “insanity” in investigative, judicial and expert practice // Legality. 2001. No. 2. P. 29.
↑ Nazarenko G.V.
Insanity in criminal law. - Orel, 1994. - 104 p. — ISBN 5-86843-003-4.
Bulletin of the Supreme Court of the Russian Federation. 1999. No. 7. P. 11.
Spasennikov B.A. On the issue of the defendant’s sanity // Russian judge. 2013. No. 4. pp. 19-22.
See: Spasennikov B. Sanity as a category of criminal law // Criminal law. 2003. No. 2. P. 76
Criminal law of Russia. Parts General and Special / Ed. A. I. Raroga. M., 2004. pp. 118-119.
See: Criminal law of the Russian Federation. General part: Textbook. Workshop / Ed. A. S. Mikhlina. M.: Yurist, 2004. P. 133-134.

Signs of insanity

The following three states of adequacy are distinguished:

Sanity is a healthy state of mind and brain in which a person is able to realistically perceive the surrounding reality.
Insanity is an unhealthy mental state in which the perception of the surrounding reality and the functions of thinking are disrupted.
Limited insanity - an individual only at certain moments loses the ability to adequately perceive the surrounding reality and evaluate his own actions.

The mental state of the individual is checked exclusively by a psychiatric commission. Insanity is awarded to an individual only after undergoing certain procedures as a result of his being under investigation. If an individual shows signs of insanity, but does not commit dangerous actions, then we are talking only about deviations and mental disorders. Depending on what degree of adequacy is diagnosed in an individual, the degree of his punishment, mitigation or compulsory treatment will be decided.

The causes of insanity often lie in the functions of the brain, psyche (inability to adequately perceive reality) or individual inclinations.

Typically, the state of insanity is diagnosed after the commission of a criminal act. However, people around them must clearly understand what insanity is and what its signs are. Only by how attentive and objective people are can we talk about the possibility of preventing criminal acts by the sick person himself.

If others understand the mental state of the individual, they will be able to take the necessary measures. The fact is that appealing to the mind of a sick person makes no sense. He will not understand anything that is said to him. And failure to seek medical help will lead to the fact that sooner or later the sick person will commit a dangerous action. Moreover, often the victims of an insane criminal are the people who most often come into contact with him and turn a blind eye to his mental state.

Let’s not forget about such a condition as affect, which only increases the patient’s insanity. He becomes strong, decisive, does not hear anything around him, and the threshold of sensitivity to pain decreases.

Signs of insanity are:

Lack of understanding of the destructiveness and danger of one’s own actions for others. A person can light a fire in the middle of an apartment or throw stones at other people. He does not understand what consequences his actions will lead to.
Inability to control one's own actions. With manic-depressive psychosis, a person can quickly do something, with schizophrenia, obey the voices in the head, and with paranoia, be guided by certain ideas. All this is supported by an affective state. Although affect does not require drug treatment to eliminate it, the patient’s mental state certainly will not go away on its own.
Lack of understanding of the quality of one’s actions and their consequences.

Insanity usually cannot be treated and is often accompanied by other mental disorders.

What is insanity?

Insanity is the mental state of an individual who is unable to account for his own actions, predict their consequences, or control his own actions at the time of their commission. In legal practice, insanity is a state of an individual in which he is unable to assess the danger of his own actions, control them at the time of commission and understand the results and consequences of his actions. Such a person is deprived of the opportunity to answer before the law under criminal law, but he is not deprived of the need to undergo mandatory psychiatric treatment.

In psychiatric practice, which includes insanity, this condition is the inability of an individual to adequately perceive reality, manage and understand the actions he commits, and also critically evaluate all the consequences of his actions, especially to understand that they are dangerous. A person simply acts automatically, and does not include his thought processes at all.

Often the cause of insanity is mental illness or brain dysfunction. Insanity can be temporary (that is, the individual periodically becomes sane and is aware of his actions, even those that he has already committed) or permanent (that is, the individual never comes to a conscious state and does not understand what he is doing, where he is, how he reacts, and to what his actions lead to). In one case or another, psychiatric treatment is required. If the cause of insanity is improper functioning of the brain, its injuries or the presence of tumors, infections, then doctors of appropriate qualifications begin treatment.

Since insanity is not punishable by criminal law, many criminals want to pose as insane people. However, this condition has certain criteria and signs of manifestation. It is not enough to simply declare that someone is insane. This still needs to be proven, which is done exclusively by forensic experts.

If it is proven by experts that the criminal is insane, then he is forcibly sent to a psychiatric hospital, where appropriate treatment is provided. This becomes the only way to avoid imprisonment, but with the danger of being sent to a psychiatric hospital, from which the person may never leave.

The state of insanity is an exclusively psychiatric concept. It does not occur in everyday life, as people usually perceive it. Insanity is a disease in which it is, in principle, impossible to find any contacts or points of contact with a person. If an individual ever encounters a truly insane person, he will clearly understand this, since he will simply have a sick representative in front of him. It’s impossible to communicate with him, you can’t reach him, he doesn’t make contact, and even if he does enter into dialogue, it clearly doesn’t correspond to healthy communication.

When an individual encounters a “peaceful” insane person, he will simply move away and pass by. If an individual is faced with insanity, which manifests itself in criminal actions, then negative consequences are possible. There is no need to say that it is possible to come to an agreement with a criminal in an insane state. Insanity deprives a person of any human qualities. He rather becomes an instinctive being, which is guided by certain impulses and impulses. It is better to run away from such a person and defend yourself with all your might, since insanity will leave no chance for the criminal to understand what actions he is committing. He won't stop until the job is finished.

Thus, in everyday life, people rarely encounter insane individuals who are simply mentally ill people. Normal behavior, which people often call insane, is inadequate - when an individual understands what he is doing, he may simply be mistaken for certain reasons.

Insanity in criminal proceedings

The procedural procedure for determining insanity may be different depending on whether the legislation of a given state recognizes the presumption of a person’s sanity, that is, whether the criminal law is based on the idea of the ability to impute all persons who have crossed the threshold of the age of criminal responsibility. If sanity is a legal presumption, then the prosecutor does not have to prove in each individual case the presence of positive conditions of sanity; if the accused pleads insanity, then he must prove the circumstance that excludes imputation in this case. Otherwise, the responsibility for establishing sanity rests with the prosecutor.

The consequence of declaring a person insane is the termination of the criminal case due to the absence of corpus delicti (since sanity is a mandatory feature of the subject of the crime, and in the presence of a state of insanity this element of the corpus delicti is absent). Compulsory medical measures may also be applied to the person.

The problem of sanity - insanity

The legislation does not provide for a definition of the concept of sanity. Only insanity is revealed. However, it is stipulated that only a person who has reached a certain age, has a certain level of mental and psychological maturity, is aware of the commission of certain actions and leads them, is able to control his behavior, demonstrate consciousness and will, is responsible before the law. Only if these signs are present can we talk about the sanity of a citizen.

Procedure for declaring insanity

Not every criminal offense requires a forensic psychiatric examination. Then how to declare a person insane in a criminal case?

In all particularly serious crimes against a person, a psychiatric examination is carried out.

In other cases, it will be carried out only when the investigation receives information from psychoneurological dispensaries that the defendant is registered there.

If he is not registered with a psychiatrist, no one will examine his mental health.

But if the investigator sees signs of mental illness in the defendant’s behavior, he can initiate an examination.

Who determines sanity? The decision to recognize a defendant in a criminal case as sane is made exclusively by the court.

According to Art. 102 of the Criminal Code of the Russian Federation, every 6 months the person who was sent for medical treatment is examined.

The length of treatment for an insane person is determined individually in each case.

Insanity does not imply restrictions on civil rights, but on the basis of insanity a decision may be made about the defendant's incompetence.

How to obtain a certificate of insanity?

In fact, it is impossible to obtain a certificate of insanity. You can only obtain a certificate of the presence of a certain mental illness. And it will already be taken into account when making an expert opinion.

Recognition of insanity in 2021 is carried out only on the basis of an act of forensic psychiatric examination.

If you wish, you can pretend to be sick or mentally retarded and even get a certificate about the presence of a certain disease, but the expert will most likely recognize you. And his word will be the last before the judge makes a decision.

Insanity is a basis for exemption from criminal liability. This procedure is strictly regulated, lengthy and cannot in any way subjectively influence the assessment of the defendant.

Criteria for insanity

Making a diagnosis of insanity is accompanied by a person going through numerous studies and surveys. The data that an individual receives as a result of undergoing research from psychiatrists, psychologists, judges and investigators becomes important. The testimony of the person himself, witnesses and those around him is also important. All possible data is collected that will confirm or refute the criminal’s insane state.

There are two criteria for insanity:

Legal (psychological). It includes:

The intellectual moment is when an individual is not able to evaluate his own actions and their consequences.
A volitional moment is when an individual is not able to direct his own actions.

Medical (biological). It includes 4 mental states:

Chronic mental disorder is the presence of a mental illness with which an individual has been ill for a long time.
Temporary mental disorder - when insanity is the result of a mental disorder or brain function for some time. Such reasons may be affect, hallucinations, the influence of alcohol, acute infectious conditions, delirium tremens, etc.
Dementia is a stable disease with destruction of the individual’s thinking and intelligence of varying degrees (moronism, imbecility, idiocy).
Other mental illnesses that are permanent or temporary.

Psychological criteria may include the age of the individual. Children are not called upon to bear criminal responsibility, but they are registered.

Medical criteria for insanity are tested by time. If after a long time the signs of insanity do not change, then the disease is considered permanent (chronic). If signs of insanity weaken and/or completely disappear over time, then the condition is considered temporary.

Juvenile offenders

In recent years, the number of minors committing crimes has increased. For example, a 15-year-old child 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 developmentally delayed, which is not associated with mental illness.

In such cases, the person is not held accountable because he could not fully appreciate his actions and their consequences. Especially often, mental retardation is associated not only with previous severe somatic or infectious diseases, biological characteristics of the child’s maturation (hereditary, genetic predisposition, pathology of the endocrine system, etc.), but also with social factors (unfavorable living and upbringing conditions, psychologically traumatic family conditions) . Such children have not yet developed volitional functions and the ability to critically assess the current situation. A mental test is also applied to them, where attention is primarily paid to the presence of mental illnesses and features of personality formation.

Thus, the criteria for mental retardation may be:

low intellectual level;
mental immaturity;
social immaturity;
antisocial behavior;
difficult character;
maximalism of desires;
desire for self-affirmation;
infantilism and others.

Let's give an example: A 15-year-old teenager is accused of committing theft by a group of people. An examination was carried out, a mental test, after which it became clear that he could not fully understand the nature of the actions he was performing, since after a head injury suffered in childhood, he began to lag significantly in development, showed an infantile character, loved to watch cartoons, communicated with children, younger than yourself in age. His psychological development corresponded to a child of ten or eleven years old. As a result of these reasons, the court declared the accused insane by age.

What are the criteria for insanity?

In the Criminal Code of the Russian Federation, insanity is described using two criteria. The mental component of the first criterion is when a person cannot realize the danger and actual nature of his actions or, conversely, inaction, and the volitional component is the lack of ability to control his actions. Both components are characteristics of the volitional and intellectual state of a person at the time of committing criminal acts.

The second criterion is to reflect the mental state of a person in comparison with the general biological norm. This criterion incorporates the concept of the existence of a citizen guilty of a crime of permanent or temporary mental disorder, dementia and other forms of mental illness. This criterion is of a medical nature, and the first is legal.

If one of the criteria is missing, then the person cannot be considered insane. During the investigation, these two criteria are always taken into account.

Definition of the concept

There are three states of the human psyche:

limited sanity when there is a diagnosed mental disorder, in the absence of a complete loss of contact with reality;
sanity - no pathological deviations;
insanity - there is no ability to adequately respond to reality, a disorder of the thinking process is characteristic.

Insanity is a mental state that prevents adequate awareness of one's actions.

Insanity is characterized by the inability to predict future consequences and receive an account of the possible danger of the actions being performed.
Refers to the register of psychiatric conditions caused by pathopsychological abnormalities.
It can be observed as a temporary manifestation, when there are minor changes in the biochemical processes of the brain, or permanent, when a chronic disease is noted.
Only a psychiatrist or a forensic psychiatric doctor can assess a person’s condition and assume that he has mental insanity. The conclusion is made on the basis of special diagnostic tests performed.

Actions committed by a person who is in a state of insanity are not criminally prosecuted. However, in this case the patient will be forcibly hospitalized in a psychiatric hospital.

Criteria for insanity

To reach a verdict of insanity, a group of experts works, including psychiatrists, psychologists, investigators and judges. Data and witness indicators, the opinion of the person being examined, the results of psychological diagnostics and many other facts are collected. Based on the data obtained, the presence of insanity is determined according to medical and psychological criteria.

Medical criteria based on biological changes in the functioning of the brain and nervous system include disorders of the thinking (psychotic and schizophrenic disorders) and intellectual sphere (congenital or acquired dementia as a result of infections and injuries, diagnosed by a decrease in IQ scores below 70) - these causes can be partially corrected or don't give in at all. The next part of the biologically based criteria can be corrected, and the resulting insanity goes away on its own after a short time. These temporary states of insanity include any type of intoxication (alcohol or drugs), acquiring pathological features that lead to changes in personality traits and contribute to the commission of actions that are unusual for a person. If in the first case, the person is clearly recognized as inadequate and the penalty is commuted, then in the second case, options for the condition of the person himself are possible (it is also possible to recognize full sanity and impose the full penalty).

Psychological criteria include violations of the volitional sphere of the personality, which represent the destruction of the controlling component and the inability to stop performing incorrect actions, even if one subsequently realizes their inadmissibility. Such personality disorders are characteristic of people with drug addiction, epilepsy, kleptomaniacs (and other manifestations of mania). People cannot stop their actions, despite understanding the negative consequences. A combination of biological and psychological factors is involved here.

Also, psychological criteria include a person’s age, since children are not legally responsible for their actions. But in addition to the actual passport age, the criterion is the degree of development, that is, regardless of the actual age, if a person has pedagogical neglect or mental retardation, insanity is recognized due to the inability to fully assess the consequences of his actions. Compulsory corrective measures are prescribed, since developmental delays are smoothed out in the process of learning and socialization, and can occur due to an injury or illness.

To determine the presence of insanity by the court, one of the criteria of the biological or psychological spectrum is selected, on the basis of which a mitigation measure is selected, usually consisting of compulsory treatment. The treatment program, the diagnosis, its terms, registration of the disability group and inpatient detention are determined exclusively by the employees of the psychoneurological clinic, without the intervention of law enforcement agencies. After the rehabilitation period has expired (if this is possible and the mental defect can be restored), discharge from the medical institution occurs with notification of the court, a second hearing and a decision on the basis of what conditions the person is released from compulsory hospitalization.