Feasibility study on the correlation between the presence of schizophrenia and insanity as grounds for removal of criminal liability, Comparative study in criminal law and medical science



Abstract

Objective: Schizophrenia is one of the most confusing and debilitating mental disorders in the world. 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.

Background: 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 has a good match with the concept of insanity.

Methods: The research was concluded using an analytical-descriptive method, using library sources; furthermore, we collected documentation through documentary methods, using laws and reliable citizens.

Findings: 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 science 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, in the offense of insanity and lack of criminal responsibility.

Results: 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.

Keywords: Schizophrenia, insanity, criminal responsibility, free will