Abstract
The paper considers errors made by law enforcement bodies when qualifying socially dangerous acts committed by insane persons. Socially dangerous acts committed by insane people should be qualified depending on which legal criterion was chosen when determining a condition of irresponsibility. If a socially dangerous act has an intelligent moment of the legal criterion of insanity or there are both moments of the legal criterion (intellectual and strong-willed), the offense should be qualified according to objective signs of the act provided by the norm of the Special Part of the Russian Criminal Code, that is, according to actually performed actions and socially dangerous consequences. If a socially dangerous act has a strong-willed moment of the legal criterion of insanity, when the person could realize an actual nature and social danger of his actions (inaction), but could not control them, the offense should be qualified according to the object and an objective side of crime, provided by the norm of the Special Part of the Russian Criminal Code, realized by mentally disordered persons. However, in practice mistakes are made due to an incorrect understanding: 1) intellectual moment of the legal criterion of insanity which means that the person is not able to recognize social danger and the actual nature of the committed action (inaction); 2) strongwilled moment of the legal criterion of insanity which means that the person is not able to control his actions.
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