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Collected Papers of the Faculty of Law of the University of Rijeka / Raccolta di scritti della Facoltà di giurisprudenza dell'Università di Rijeka / Gesammelte Schriften der Rechtswissen, Vol. 38 No. 3, 2017.

Review article

https://doi.org/10.30925/zpfsr.38.3.10

THE CONCEPT OF MENTAL CAPACITY IN CRIMINAL JURISPRUDENCE, LEGISLATION AND CASE LAW

Igor Martinović orcid id orcid.org/0000-0002-7648-2443 ; Faculty of Law University of Rijeka, Rijeka, Croatia

Full text: croatian pdf 326 Kb

page 1187-1202

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Abstract

Mental capacity is legally defined as an element of culpability. The Criminal Code describes mental incapacity (Article 24), voluntary intoxication (Article 25) and substantially diminished mental capacity (Article 26). This paper firstly deals with the notion of mental incapacity, especially its “biopsychological” and “normative” component. The relationship between judge and psychiatrist in determining mental capacity is also discussed. After this, the concepts of substantially diminished mental capacity and voluntary intoxication are analysed. The final chapter discusses the possibility of imposing security measures on mentally incapable persons. Throughout the paper, judicial decisions related to the mentioned concepts are analysed.

Keywords

mental capacity; mental incapacity; diminished mental capacity; voluntary intoxication; criminal law

Hrčak ID:

193723

URI

https://hrcak.srce.hr/193723

Publication date:

30.12.2017.

Article data in other languages: croatian german italian

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