نوع مقاله : علمی-تخصصی
چکیده
کلیدواژهها
عنوان مقاله [English]
As it appears from the texts of jurisprudence and criminal law, insanity at the time of committing a crime is one of the factors that mitigate criminal liability; But where insanity occurs after committing a crime and issuing a sentence of conviction, what is the ruling? In the Penal Code, in corporal punishment, if the punishment is effective, the insane can be punished, while there are other theories in jurisprudence, and the legislator can make appropriate and logical amendments in the law by considering them; Especially since the popular verdict is based on the single report and in important criminal matters, the reference to the single report and the verdict based on it face serious problems, and also the opportunity to repent from the madman by implementing the limit is not defensible. According to the provisions of the Code, insanity does not interfere with the execution of some punishments, it will not have an effect in this sense; Like the deprivation of social rights, the payment of cash compensation will be implemented despite the complication of insanity and mental disorders. However, insanity is not compatible with the implementation of prison sentence, a convict who has been diagnosed with insanity or a mental disorder must be taken to the hospital to be treated, and according to Article 91 of the Penal Code, the time the convict spends in the hospital is considered as part of his sentence.
کلیدواژهها [English]
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