Some Circumstances That Exclude Recognition of a Person as the Subject of a Crime

Abstract

Insanity is the opposite concept of sanity. An insane person who has committed a crime is not considered a subject of the crime and is not subject to criminal liability. Only compulsory medical measures can be applied to him. Thus, an insane person is deprived of the main feature of a subject of a crime - sanity. The problem of insanity is of great importance both in forensic psychiatry and in criminal law and forensic practice. It is closely related to the institutions of guilt, criminal liability and punishment, and also plays an important role in observing the law in relation to mentally ill persons who have committed a crime. Sanity distinguishes a person who is able to understand the factual side and social significance of his actions, and at the same time consciously control his actions, from an insane person. A crime is committed as a result of the influence of many external circumstances, but none of them affects a person, bypassing his consciousness. A person with a normal psyche is able to adequately assess the circumstances in which he finds himself, and choose actions that correspond to his goals.