PROBLEMS IN DETERMINING THE MEDICAL CRITERION OF INSANITY IN CRIMINAL LAW OF UKRAINE
Journal Title: Правовий часопис Донбасу - Year 2018, Vol 65, Issue 4
Abstract
The article deals with the study of the medical criterion as a component of insanity. Whereas the sense of integrity is a necessary feature for setting the composition of the crime, it is worth not to underestimate it. The authors of the article attempt to formulate the concept of "insanity", because "insanity" is only a legal form, the content of which is filled with psychiatry. The lawyers’ knowledge in the field of psychiatry is not always enough; the category of "insanity" quite often becomes the subject of manipulation. It is focused on the fact that the legal criterion is derived from the medical one. The historical development of the content of the "medical criterion" has been analyzed. It is important, because the meaning of the concept is evolved together with the development of psychiatry. An attempt was also made to investigate the views of different scholars on the most optimal definition of the "medical criterion", an approach to the interpretation of a medical criterion in accordance with Article 19 of the Criminal Code of Ukraine. Each of the subspecies of mental disorder, filed in the Criminal Code of Ukraine, is considered in more detail. It should be emphasized that the Criminal Code of Ukraine and the International Classification of Diseases categorize mental disasters differently. The authors of the article also compare approaches to the classification of mental disorders proposed by the 9th and 10th revisions of the International Classification of Diseases, because the classification offered by the Ukrainian legislator is more similar to the 9th revision of the International Classification of Diseases. Also it is dealt with approach to the definition of "mental disorder" in accordance with the Law of Ukraine "On Psychiatric Aid". The study was conducted to find the best way to overcome the conflict definitions between the current Criminal Code of Ukraine and the dynamic development of psychiatry. As a result we may say that if the medical criterion is determined by common characteristics, it would be the most appropriate. In this case the definition will not be tied up to the certain stage in the development of psychiatry.
Authors and Affiliations
Serhiy Losych, Krystyna Rutvian
Keywords
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- EP ID EP454823
- DOI 10.32366/2523-4269-2018-65-4-185-192
- Views 133
- Downloads 0
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