Complex details and dramatic events are in no way less than international films that revolve around “psychopathic” heroes, who have frightening and severe traits, and whose excessive selfishness drives them to harm others.
These are the details of a crime committed by someone recently convicted of murder and sentenced to an aggravated sentence.
Such cases push us to discuss a very important matter, which is the role of psychological disorder in judicial rulings, and when the accused is exempted from punishment, especially in light of the extreme state of obsession that controls its perpetrators, and drives them to pursue their victims, like the victim in this case, who was fascinated by her. The accused – according to his confessions – led him to deviate in his behavior and commit his crime.
First, it must be made clear that mental illness is not an absolute impediment to criminal liability, but liability is determined to the extent of the offender’s inability to realize the actions he is performing. If he loses the ability to distinguish and choose, in this case he will not be responsible for his actions, because reason is the basis of responsibility.
Article 60 of the Federal Penal Code No. 3 of 1987 addresses the criminal liability resulting from mental illness, as it stipulates that no one shall be held criminally liable if at the time of committing the crime he lacked consciousness or will, due to insanity, mental defect, or coma resulting from drugs or narcotic substances. Or an intoxicant of any kind that was given to him forcibly, or that he consumed it without his knowledge of it, or for any other reason that science determines that he loses awareness and will.
The article clarifies that if insanity or disability results only in a deficiency or weakness in awareness or will at the time of committing the crime, this is considered a mitigating excuse.
There is no doubt that the criminal – in general – is a person who is not morally and behaviorally disciplined, and tends to be impulsive and reckless, in addition to the fact that the perpetrators of certain crimes are characterized by a sharp temper and cruelty, but the matter is different for the psychologically disturbed, whom doctors and specialists confirm are suffering from a medical condition that affects their perception and decisions. .
Therefore, the court always resorts to specialists in accredited medical bodies to determine whether the accused suffers from a mental illness, and the degree to which the illness affects his will and discrimination, and on this basis, a conviction is issued, and the penalty is aggravated or reduced.
Arbitrator and legal advisor
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