Theoretical aspects of sanity, insanity and limited sanity of crime subject

Abstract

The norms that define the subject of a crime and such a property as sanity, the practice of applying these norms, as well as scientific approaches to the study of sanity as a sign of crime subject are studied. An attempt of the author's approach to its distinction from limited sanity and insanity is made. The age, legal and medical criteria of sanity are singled out. Together with the materials of law enforcement practice, summary statistical information on the activities of federal courts of general jurisdiction and justices of the peace for 2019–2021 Is used as empirical data. in terms of the application of coercive measures of a medical nature, allowing to identify cases of establishing insanity or limited sanity. It is established that sanity is the ability of the subject to understand his actions and evaluate their compliance with the rule of law. If the subject has specific beliefs or mental problems that do not affect his ability to be aware of his actions, then he is recognized as sane. In this case, he cannot use his mental problems or other circumstances as an excuse for his actions. Insanity is defined as the state when the subject does not meet the criteria of sanity at the time of the commission of the crime due to mental problems. Limited sanity means that the subject could be aware of the direction of his actions, but due to the presence of certain mental problems (for example, affective or emotional), he could not understand the meaning of his actions.