Comparative Analysis of the Crimes Committed Under the Provoked Temporary Insanity Legislation of Georgia and Germany

Abstract

The Crime committed under the provoked temporary insanity is one of the most difficult issues of Criminal Law, it does not belong solely to the field of Law, but with it in close interaction are, psychology, psychiatry, public ethics, morality, politics and many other fields, therefore, it requires an interdisciplinary and dimensional approach, i.e. consideration in the context of the Dimension Theory. The work discusses the Criminal Law approaches of both Georgia, Germany and Common Law countries to the provoked temporary insanity crimes and, with by means of the comparative research method, the interconnection between them is analyzed. Based on the mentioned studies, such recommendations are offered that will make the attitude of Criminal Legislation and, in general, of the Criminal Law, towards the different types of the provoked temporary insanity crimes reasonably liberal and relevant to modernity. Number of essential problems were identified when studying the judicial practice and theory on the research topic; for example, regarding the differentiation of necessary self-defense and the provoked temporary insanity crimes. In addition to legal standards, moral standards are also relevant, showing signs of gender discrimination and are irrelevant from a legal point of view. For the development of the country and to establish our place in the European family, the psychological and moral readiness of the society to form an anti-discriminatory and non-violent ideology is necessary. Legislative and judicial authorities play the leading role in developing all the aforementioned. In addition, if we support this with scientific research, effective educational measures, the public awareness will also be significantly raised.