MENTALLY INCOMPETENCE AS A CIRCUMSTANCE THAT EXCLUDES CRIMINAL RESPONSIBILITY

ALIMI, Rina (2020) MENTALLY INCOMPETENCE AS A CIRCUMSTANCE THAT EXCLUDES CRIMINAL RESPONSIBILITY. JUSTICIA - International Journal of Legal Sciences, 8 (13-14). pp. 193-198. ISSN 2545 – 4927

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Abstract

Modern Criminal Law starts from the assumption that every adult, normal, psychologically healthy person is capable to value the importance of his actions. This assumption is indisputable. Mentally incompetence the time of the perpetration of the criminal offense, excludes criminal responsibility, respectively guilt. Mentally Incompetence as a circumstance that excludes criminal responsibility is provided in Article 12, paragraph 1in the Criminal Code of RNM and comes in use in the cases of the perpetratorswith mental disorders whoat the time of the perpetration of the criminal offense are considered incapable of understanding the importance of the offense and of guiding its own actions. Mentally incompetence is a legal concept, not medical one and always refers to the moment of the perpetrationof the criminal offense. Just suffering from a mental disorder is not sufficient to prove mentally incompetence. Mentally Incompetence must be proven and declared in court, respectively during criminal proceedings. Therefore, psychiatric examination has an important place.

Item Type:	Article
Uncontrolled Keywords:	criminal responsibility, mentally incompetence, psychiatric examination, Article 12, paragraph 1 of the Criminal Code of RNM, security measures
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law, Arts and Social Sciences > School of Law
Depositing User:	Unnamed user with email zshi@unite.edu.mk
Date Deposited:	26 Nov 2020 11:10
Last Modified:	26 Nov 2020 11:10
URI:	http://eprints.unite.edu.mk/id/eprint/707

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