فصلنامه تحقیق و توسعه در حقوق تطبیقی

فصلنامه تحقیق و توسعه در حقوق تطبیقی

A comparative study of schizophrenia as an example of insanity within the framework of Iranian criminal law: theories of Iranian and Western psycholog

نوع مقاله : مقاله علمی پژوهشی

نویسنده
Associate Professor, Faculty of Theology and Law, Hazrat-e Masoumeh University, Qom, Iran
چکیده
Abnormal behaviors may occasionally stem from deficiencies and inefficiencies in the psychological and neural structure of the brain, which can subsequently lead to mental disorders. Due to the inability to adapt and compromise with norms, values, and laws of the society, such a person may become a transgressor of both social norms and laws, violating security and peace, which are the most fundamental indicators for survival of the society and peaceful life. Schizophrenia is a mental illness characterized by significant alterations and distortions in the patient's thoughts, feelings, and perceptions, which ultimately lead to impairment in the individual's performance. This disease is one of the most confusing and debilitating mental disorders that deprives the patient's mind of making sense of the relationships and coherence between thoughts and emotions,
filling it with distorted perceptions, false ideas, and illogical concepts. Some researchers in international research centers have done a lot of research and participated for years, gathering information. In some cases, this disease has a perfect fit with the insanity concept, and there are different types of this mental disorder, and the amount of punishment for the criminals who have committed the crimes depending on the level of the disease, is different. The present study aims to investigate the responsibility of these people according to Iranian laws and in the light of psychological findings. Schizophrenia is a mental disorder that can have different types. Many researchers and scientists have studied this disease for many years and have gathered a lot of information on this disease. In some cases, this disease fits well within the concept of insanity.This study was concluded using an analytical-descriptive method, using library sources; furthermore, we collected documentation through documentary methods, using laws and reliable citizens. The legislator in the Islamic Penal Code has used the term ‘mental disorder’ in defining insanity, it has paved the way for a role for medical sciences in criminal law and has provided for cases of mental disorder as a complete defense, i.e., cases in which a defendant lacks free will, due to defense of insanity and lack of criminal responsibility.Schizophrenia as a disease has different forms, and in some forms, such as catatonia, which is more significant, people lose their free will in most cases, and due to Article 149 of the Islamic Penal Code, they do not have criminal responsibility.
کلیدواژه‌ها
موضوعات

  1. Abbasi M, Khosravi A.(2012). Schizophrenia and its criminal liability from the point of Iran's law. MLJ; 6 (22):151-188. [In Persian]
  2. Abin, A. (2020). A Critique of Article 1216 of Iranian Civil Code and A Proposal for the Theory of a Fair Responsibility for Minors and the Mentally ill (A Comparative Study). Journal of Research and Development in Comparative Law, 3(8), 15-53. doi: 10.22034/law.2021.526076.1058. [In Persian]
  3. Ardabili M A).2013). General Criminal Law. Tehran: Mizan Publishing House. [In Persian]
  4. Azad H). 2014).Psychopathology.Tehran: Baath Publications. [In Persian]
  5. Danesh T.(2011). who is the culprit? What is criminology?. Tehran: Kayhan Publication. [In Persian]
  6. Davy G.(2011). Psychopathology. translated by Mohammad Oraki and Sanaz Khodadoost, Tehran: Zeitoun Sabz Publications.
  7. Emami H.(2013). Civil Rights. Tehran :Islamia Publishing House. [In Persian]
  8. Gharibi, A. , Khaleghi, A. and Fathi, M. (2025). A Comparative Study of the Criminal Law Approach of Iran and a Number of other Muslim Countries Towards Self-harming. Journal of Research and Development in Comparative Law, 7(25), 76-109. doi: 10.22034/law.2024.2036664.1423. [In Persian]
  9. Goldouzian I.(2014). The Islamic Penal Law. Tehran :Majd Publications. [In Persian]
  10. Guderzi F, Kayani M.(2018).Forensic Medicine for Law Students. Tehran: Organization for Studying and Compiling Humanities Books of Universities. [In Persian]
  11. Halder, S; Kumar M; Akash B.(2015). Cognitive Impairment in Schizophrenia: An Overview of Assessment and Management, The International Journal of Indian Psychology, Volume 2, Issue 4, 64-72.
  12. Halgin R, Whitburn S.(2005). Psychopathology: Clinical Perspectives of Mental Disorders Based on DSM-IV-TR. translated by Yahya Seyed Mohammadi, Tehran: Rawan Publishing House. [In Persian]
  13. Hamid N.(2019). Psychopathology. Ahvaz: Shahid Chamran University Publications. [In Persian]
  14. Ibrahimsen (1992). Criminal Psychology. translated by Parviz Sanei, Tehran: Ganj Danesh Publications.
  15. Kaynia M.(2017). Fundamentals of Criminology. Tehran: Tehran University Press. [In Persian]
  16. Kimiaei Esadi T.(2009). creation and evolution of the brain and psyche. Tehran: Negah Masares Publications. [In Persian]
  17. Levine S, Ladon J, Soni S.(1994). Schizophreni . translated by Akbar Rahnama and Daud Kurdestani, Tehran: Shahid University.
  18. Mansour Abadi A.(2016). General Criminal Law . Tehran: Mizan Publishing House. [In Persian]
  19. Mir Saeedi, M.(2011). Criminal Responsibility, Tehran: Mizan Publications. [In Persian]
  20. Mousavi Mojab D.(2018). The role of will in criminal responsibility. Tehran: Behnam Publications. [In Persian]
  21. Noorbaha R.(2011). General Criminal Law. Tehran: Ganj Danesh Publications. [In Persian]
  22. Pourbafarani H.(2017). General Criminal Law: Criminal and Criminal Responsibility. Tehran: Jangal Publications. [In Persian]
  23. Ramsland K.(2006). Inside the minds of serial killers: why they kill. Tehran: Praeger publishers.
  24. Rosenhan D. Seligman M.(2006). Psychopathology. translated by Yahya Seyed Mohammadi, Tehran: Arsbaran Publishing. [In Persian]
  25. Rosenhan, D, L., Seligman, M.(2014). Abnormal psychology Psychopathology according to DSM-IV, Translator: Yahya Sayed Mohammadi,Tehran, Savalan. [In Persian]
  26. Saberi S M, Mohammadi M.(2011). Forensic Psychiatry. Tehran: Tabib Publishing. [In Persian]
  27. Sadok B, Gims S, Pedro R.(2014). Synopsis of Psychiatry: Behavioral Sciences/Clinical Psychiatry. translated by Farzin R. Tehran: Ketab Arjamand Publications.
  28. Salehi A R, Khani M, Foroughi M.(2012). Criminal Responsibility and mental disorder Base on DSM.IV. MLJ; 6 (23) :157-185. [In Persian]
    URL: http://ijmedicallaw.ir/article-1-73-fa.html
  29. Shahidi M.(2019). Formation of contracts and obligations. Tehran :Majd Publication. [In Persian]
  30. Shakibapour E.(1984). Encyclopedia of Psychology .Tehran: Foroughi Publications. [In Persian]
  31. Shamlou S.(1996). Psychopathology. Tehran: Rushd Publication. [In Persian]
  32. Shams Natri M, Abdullah Yar S.(2019). Necessity and Legitimate Defense (Comparative Study of Evidences, Basics and Conditions). Tehran: Majd Publications. [In Persian]
  33. URL: http://ijmedicallaw.ir/article-1-44-fa.html
  34. Zareh A.(2012). An Introduction to Criminal Sciences. Tehran: Jangal Publications. [In Persian]
  35. Zulfiqari M.(2018). complete collection of nursing courses . Tehran:Bushra Publications. [In Persian]