THE PROBLEM OF INSANITY IN CRIMINAL LAW

Aghayev I.B.
The problem of insanity in Criminal Law.
Materials of International conference «Heydar Aliyev’s role in the development of juridical sciences and education in the Azerbaijan Republic».
Baku, 2015, pp. 80—88. 0,8 quires.

The considered academic paper speaks of insanity and its penal significance. The author states that socially dangerous acts of mentally ill persons are conditioned by their unhealthy condition. Whenever they may inflict a harm to the society, there is no reason to charge guilt on them. Application of punishment to insane persons will be unjust and unreasonable, because the purposes of criminal punishment, such as reformation of convicts and prevention of committing new crimes are unachievable in relation to them. Aggregate of legal and medical criteria means the absence of necessary pre-condition for establishing the guilt and criminal liability. According to the author, legal criterion characterizes the degree of derangement of a person’s consciousness and will during the commitment of socially dangerous act. But medical criterion is a generalized list of mental derangements and diseases, which can lead to the legal criterion of the person’s insanity.