• Arch Med Sadowej Kryminol · Oct 2009

    Review

    [Mental state and the criminal responsibility--legal regulations and medical criteria in Poland and other countries].

    • Filip Bolechała.
    • Z Katedry i Zakładu Medycyny Sadowej UJ CM, Kraków. msbolech@cyf-kr.edu.pl
    • Arch Med Sadowej Kryminol. 2009 Oct 1; 59 (4): 309-19.

    AbstractIn contemporary civilized legal systems, sanity is a prerequisite for criminal responsibility of the perpetrator. Thus, insanity resulting from certain psychiatric and psychological disorders is a circumstance excluding the guilt. General assumptions of insanity criteria are close and similar in legal systems of the majority of countries; however, certain essential differences appear in details of their interpretation and acceptance. These differences in particular appear among systems of continental European states as opposed to these, in which the judiciary system is derived from the English law. The paper presents and discusses in detail the legal and medical considerations of insanity defense in Poland, as well as outlines the legal foundations of this issue in other countries of Europe, North America and Australia.

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