Insanity, Medical and forensic criteria of insanity...

4.4. Insanity

4.4.1. Medical and forensic criteria of insanity

An individual who was in a state of insanity during the commission of unlawful acts (inaction) and could not realize their actual nature and public danger or manage them because of a chronic mental disorder, temporary mental disorder, dementia or other morbid state of the psyche is not liable administrative responsibility (Article 2.8 of the Code of Administrative Offenses).

Qualifications of insanity are always preceded by the establishment of medical and forensic criteria.

Medical criteria for insanity are defined art. 2.8 CAO, their qualification is associated with the identification of signs of psychopathological development of the individual. Chronic mental illnesses include, for example, schizophrenia (1-2% of the population are affected by this pathology) and epilepsy (its prevalence is 0.3-0.6%). Chronic mental illnesses are accompanied by periodic remissions, during which the patients are socially adapted and retain the humanitarian potential of the individual - they apply the previously acquired labor skills, use professional and other social connections, improve creative (spiritual) opportunities. Early detection of mental pathology in the presence of signs of physical and constitutional predisposition, as well as prolonged disease-free disease development, indicate a malignant course of chronic mental illness leading to irreversible deformations of the psyche and marked dementia. In cases of stabilization of psychopathological symptoms, for example, in the presence of prolonged remissions, the prognosis is relatively favorable, and those with this pathology remain able to work.

Temporary mental disorders are characterized by psychopathological reactions, limited, as a rule, for a short period of time. To temporary mental disorders include manic-depressive and other affective psychoses, as well as reactive psychoses (for example, affective-shock reaction to stress). Time parameters in cases of these disorders are different: pathological symptoms manifest from several hours or days to several weeks or months (in cases of manic-depressive psychosis or some psychogenic diseases). As a rule, people with this pathology do not lose their work skills and maintain social adaptation during the whole period of the disease. Temporary mental disorders do not lead to irreversible psychopathological deformations of the individual, in this they are different from malignant forms of schizophrenia and epilepsy.

To other pathological changes in personality, in the determination of which the offense can not be imputed to blame, dementia applies. It can be the consequence of a congenital or acquired in early childhood general mental underdevelopment (with oligophrenia). Reduction of intellectual abilities, other pronounced personality changes are observed in schizophrenia and epilepsy - in these cases dementia is a consequence of malignant course of chronic mental illness.

The establishment of medical criteria for insanity is always due to the appropriate procedural action, primarily the conduct of a medical examination that confirms the psychopathological state of the offender at the time of the offense or excludes the presence of signs of insanity, regardless of the presence of signs of mental illness.

Criminalistic criteria of insanity are associated with the identification of signs of an unlawful act and its socially dangerous consequences. The establishment of forensic criteria determines the subsequent actions of the person considering the case of an administrative offense, and always precedes the establishment of medical criteria for insanity. For example, an official considering a case, in the absence of signs of property damage, moral or reputational harm, has the right to terminate the proceedings on the grounds provided for in Art. 2.9 of the Administrative Code. The qualification of the state of insanity is inexpedient in the case of an administrative offense that does not pose a significant social danger, especially in cases when the sanctions established for its commission are not comparable with the time and material costs unavoidable in the appointment of the relevant medical expertise - in these cases the official is entitled to release violator of administrative responsibility, guided by the criteria of minor misconduct.

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