Utjecaj Konvencije o pravima osoba s invaliditetom na kaznenopravni institut neubrojivosti

Abstract

The paper analyses the influence of the Convention on the Rights of Persons with Disabilities upon the criminal status of one group of persons with disabilities, hence, persons suffering from mental disorders. Although there is no explicit mention of criminal responsibility in the Convention, some interpretations suggest that the provisions of the Convention request abolition of some criminal law mechanisms which would apply if the person accused of a crime suffered from a mental disorder. These mechanisms, as suggested by those interpretations, are contrary to the Convention’s provisions, in particular to articles 5 and 12. This paper thus examines whether article 12, which introduces significant novelties into the recognition of legal capacity for persons suffering from mental disorders, may also be extended to the criminal responsibility of those persons. Furthermore, the paper investigates whether the definition of insanity, based on the definition of mental disorders, is contrary to the requests of the Convention, especially to the provisions of article 5 on equality and non-discrimination.