Abstract

The problem of psychopathy from a criminal law standpoint is the subject of this work. The full clarification of this aspect requires, however, that the notion, substance and etiology of psychopathy are clarified first. These are the questions to which the author dedicates the first part of his work. In the second part, the author treats the problem of mental capacity of psychopaths as perpetrators of crimes, and the manner of criminal law reaction to the committed crime. These are in the author's opinion two most important and most problematic issues of the problem of psychopathy from a criminal law standpoint. Finally, the author concludes that our criminal legislation should provide a special (bio)psychological basis of insanity (or of essentially reduced sanity), under which the psychopathy could be classified. That would create statutory basis for sentencing the psychopathic perpetrators of crime to security measures of a psychiatric character.

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