Journal of Research and Development in Comparative Law

Journal of Research and Development in Comparative Law

Feasibility study on the correlation between the presence of schizophrenia and insanity as grounds for removal of criminal liability, With a comparative look at Iranian law and the perspectives of Western and Iranian psychologists

Document Type : scientific research paper

Author
Vahid Nekounam
Associate Professor, Faculty of Theology and Law, Hazrat-e Masoumeh University, Qom, Iran
10.22034/law.2025.2056973.1633
Abstract
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
Keywords
Schizophrenia
insanity
criminal responsibility
free will
Subjects
  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]