Subject: K Law (General)
Year: 2020
Type: Article
Type: PeerReviewed
Title: MENTALLY INCOMPETENCE AS A CIRCUMSTANCE THAT EXCLUDES CRIMINAL RESPONSIBILITY
Author: ALIMI, Rina
Abstract: Modern Criminal Law starts from the assumption that every adult, normal, psychologically healthy person is capable to value the importance of his actions. This assumption is indisputable. Mentally incompetence the time of the perpetration of the criminal offense, excludes criminal responsibility, respectively guilt. Mentally Incompetence as a circumstance that excludes criminal responsibility is provided in Article 12, paragraph 1in the Criminal Code of RNM and comes in use in the cases of the perpetratorswith mental disorders whoat the time of the perpetration of the criminal offense are considered incapable of understanding the importance of the offense and of guiding its own actions. Mentally incompetence is a legal concept, not medical one and always refers to the moment of the perpetrationof the criminal offense. Just suffering from a mental disorder is not sufficient to prove mentally incompetence. Mentally Incompetence must be proven and declared in court, respectively during criminal proceedings. Therefore, psychiatric examination has an important place.
Publisher: University of Tetova
Relation: https://eprints.unite.edu.mk/707/
Identifier: oai:eprints.unite.edu.mk:707
Identifier: https://eprints.unite.edu.mk/707/1/24%20faqe%200193-0198.pdfIdentifier: ALIMI, Rina (2020) MENTALLY INCOMPETENCE AS A CIRCUMSTANCE THAT EXCLUDES CRIMINAL RESPONSIBILITY. JUSTICIA - International Journal of Legal Sciences, 8 (13-14). pp. 193-198. ISSN 2545 – 4927
