MENTALLY DISORDERED OFFENDERS OF UNLAWFUL ACTS IN CRIMINAL LAW AND CASE LAW

Authors

  • Dražen Tripalo Supreme Court of The Republic of Croatia, Zagreb, Croatia

DOI:

https://doi.org/10.30925/zpfsr.38.3.4

Keywords:

mentally incapable perpetrators; involuntary hospitalization; psychiatric treatment outside the hospital; reasoning of the verdicts

Abstract

This paper presents and analyses legal regulation of the position of mentally incapable perpetrators of unlawful acts from the perspective of criminal law and procedure and the provisions of the Law on Protection of Persons with Mental Disorders, as well as their application in case law, through analysis of 25 final verdicts against mentally incapable persons. The aim of the analysis is to detect good practice, but also questionable and unequal conducts of the courts, in order to improve quality of the decisions and the harmonization of case law. The analysis of the decision encompasses the use of legal terms, completeness of the verdicts, reasoning of the decisions to hold hearings in absence of the defendant, the form of the defendants’ statements, the decisions on costs of proceedings and particularly the quality of reasoning on the need of psychiatric treatment.

Additional Files

Published

2020-11-05

How to Cite

Tripalo, D. (2020). MENTALLY DISORDERED OFFENDERS OF UNLAWFUL ACTS IN CRIMINAL LAW AND CASE LAW. Collected Papers of the Law Faculty of the University of Rijeka, 38(3), 1205–1221. https://doi.org/10.30925/zpfsr.38.3.4

Issue

Vol. 38 No. 3 (2017): Collected papers of the Law Faculty of the University of Rijeka

Section

ARTICLES

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