[根据恐怖主义行为,精神错乱作为完全或部分免除刑事责任的理由]。

Q4 Medicine
Psychiatria Hungarica Pub Date : 2022-01-01
Ádám Szabó F, Márk Balogh
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引用次数: 0

摘要

本研究以最近发生在法国的一起恐怖事件为背景,分析了精神失常作为免除全部或部分刑事责任的理由的可能性。结合本案,将审查和分析国内和国际对精神错乱的规定,并简要概述其执行情况。在这方面,可以指出的是,匈牙利和外国的条例都认为,如果在实施行为时的抵扣能力受到限制或被排除,则可以作为完全或部分免除刑事责任的理由。在适当情况下,对该问题的决定除了导致对该行为的定罪或无罪释放外,还会对执法产生影响,因为拘留地点是医疗机构还是监狱并不重要。然后,在对恐怖主义的概念和类型进行一般定义之后,描述可能与上述行为有关并可能影响引爆能力的精神障碍。最后,基于文献回顾,可以得出结论,不排除精神错乱作为完全或部分免除刑事责任的理由,以及对恐怖主义行为的肇事者适用相关法律后果,但鉴于行为的复杂性和精神障碍的持续时间,与其他刑事犯罪的情况一样,较少发生疾病。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
[Insanity as ground for total or partial exemption from criminal responsibility in the light of terrorist acts].

The aim of the study is to analyze the possibility of the insanity as ground for total or partial exemption from criminal responsibility in the light of the current terrorist acts, which is based on a recent case in France. In connection with the case, the domestic and international regulation of the insanity will be reviewed and analyzed, with a brief overview of its execution of a sentence. In this context, it can be stated that both the Hungarian and foreign regulations consider it to be ground for total or partial exemption from criminal responsibility if the ability to set off at the time of the commission of the act is limited or excluded. Where appropriate, the decision on the matter, in addition to leading to a conviction or acquittal of the act, also has an impact on enforcement, as it does not matter whether the place of detention is a medical or penitentiary institution. After that, after the general definition of the concept and types of terrorism, the mental disorders that may occur in connection with the mentioned acts and may affect the ability to set off are described. Finally, based on a review of the literature, it can be concluded that insanity as ground for total or partial exemption from criminal responsibility and the application of the relevant legal consequences to perpetrators of terrorist acts is not excluded, but given the complexity of the behavior and the duration of mental disorders fewer illnesses can occur as in the case of other criminal offenses.

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来源期刊
Psychiatria Hungarica
Psychiatria Hungarica Medicine-Medicine (all)
CiteScore
0.40
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