The medical criterion of recognition of person's insanity defence: ukrainian and foreign experience
Maryniv, V.I.; Karpenko, M.O.; Berezhnyi, O.I.
Wiadomosci Lekarskie 72(12 Cz 2: 2609-2614
2019
ISSN/ISBN: 0043-5147 PMID: 32124794 Document Number: 698562
Introduction: Problems of recognition of person's insanity defence occupy borderline between jurisprudence and medicine as they are based on a combination of medical and legal criteria. This makes them relevant in the context of medical law. The aim: of the article is to determine the medical criterion of recognition of person's insanity defence on the basis of international standards, Ukrainian and foreign experience. Мaterials and methods: International documents, national legislation of Ukraine and foreign countries, theoretical works in the field of jurisprudence and psychiatry, empirical materials on the recognition of persons's insanity defence in Ukraine. Сonclusions: As a result of the research the universal medical criterion of insanity was formulated as "mental disorder defined by the International Statistical Trauma Classification, death resulting in a person being unable to understand and direct his or her actions", that may be implemented into the criminal legislation of any state.