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

Authors

  • Igor Martinović Pravni fakultet Sveučilišta u Rijeci

DOI:

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

Keywords:

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

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.

Additional Files

Published

2020-11-05

How to Cite

Martinović, I. (2020). THE CONCEPT OF MENTAL CAPACITY IN CRIMINAL JURISPRUDENCE, LEGISLATION AND CASE LAW. Collected Papers of the Law Faculty of the University of Rijeka, 38(3), 1187–1202. https://doi.org/10.30925/zpfsr.38.3.10

Issue

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

Section

ARTICLES

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