Insane Persons Research Articles

The ground for necessary defence: analysis of legal positions of the Supreme Court

The article analyzes and summarizes the positions of the Supreme Court on the ground for necessary defence. It is noted that the Supreme Court has identified two elements of the ground for necessary defence (the commission of a socially dangerous trespass and the need to immediately avert or stop it) and has repeatedly referred to the interpretation of various aspects of each of them. The article mentions various definitions of “socially dangerous trespass” provided by the Supreme Court in its rulings. It is noted that the Supreme Court has not addressed the possibility of recognizing a socially dangerous act of an insane person or a person under the age of criminal liability as a socially dangerous trespass as a ground for necessary defence, but in one of its rulings it admitted that such a trespass was committed by a mentally ill victim. The author mentions the conclusion of the Supreme Court that the right to necessary defence cannot arise against lawful acts of another person, even if such acts cause damage to legally protected interests. It is mentioned that, in general, the Supreme Court does not recognize provoked violence as a trespass within the meaning of Article 36 of the Criminal Code of Ukraine, but the exception is when the degree of provoked violence is clearly higher than what a person could have predicted. It is noted that the Supreme Court identifies the objective reality of a socially dangerous trespass as its mandatory characteristic for necessary defence. The author quotes the Supreme Court’s explanation of when it is necessary to immediately avert or stop a socially dangerous trespass. The conclusions of the Supreme Court regarding the time limits of the right to necessary defence are analyzed. In particular, the Supreme Court identifies the initial and final moments of lawful defence. The ruling is mentioned, in which the Supreme Court reminds of the legal prohibition to take into account the possibility of a person to avoid a socially dangerous trespass or to request assistance of other persons or authorities when deciding on the existence or absence of a state of necessary defence.

The Criminal Code of Mongolia. The General Part. Crime

Introduction. In a number of positions, the Criminal Code of Mongolia is recognized as more progressive than the Criminal Code of the Russian Federation. Therefore, it is no coincidence that there is a noticeable increase in the number of publications devoted to legislative decisions of the Criminal Code of Mongolia, which are of undoubted interest in scientific discussions on key criminal law issues.General provisions. The Criminal Code opens with Chapter 1 "General provisions", which sets out the goals, principles of the criminal legislation of Mongolia, the rules of its operation in space and time. The Criminal Code of Mongolia enshrines only three principles: legality, justice and guilt. The law explicitly states that it is not allowed to bring a person to criminal responsibility for opinions or beliefs. The issue of the time of commission of ongoing and ongoing crimes has been resolved. The rules on the statute of limitations of a crime have been moved to this chapter.Crime. The foresight of an act in the criminal law is called an indispensable condition for the recognition of an act and omission as criminal, and, in particular, a careless act. The concepts of a continuing crime and an ideal set of crimes are revealed. Only two categories of crimes are fixed: serious and minor. The form of guilt for the purposes of categorization of crimes in the Criminal Code of Mongolia is insignificant. The very forms of guilt (intent and negligence) are named in art. 2.3. At the same time, intent is not divided into types. TheCriminal Code of Mongolia defines the concept of damage and harm caused by a crime. The chapter ends with the regulations on the unfinished crime.Complicity. It is noteworthy that the form of guilt of the crime committed is not specified in the law. A mediocre performer is a person who has committed a crime by using not only a person who has not reached the age from which criminal responsibility begins, an insane person, but also other persons who have not committed a crime in complicity with the perpetrator and do not realize that a crime is being committed, or livestock or other animals. The perpetrator of a crime is also recognized as a person who inclines another person to commit a crime under the influence of physical or mental coercion.Circumstances precluding the criminality of the act. This institution has found regulation in Chapter 4 of the Criminal Code. It can distinguish significant differences from the Russian Criminal Code in regulating necessary defense, extreme necessity, coercion, reasonable risk, and execution of an order.The procedure, grounds for criminal prosecution and exemption from criminal liability. Chapter 6 contains regulatory requirements that define: (1) signs of the subject of the crime – an individual; (2) general rules for bringing to criminal responsibility and (3) special rules for sentencing; (4) rules for exemption from criminal liability and punishment.Liability of legal entities. Chapter 9, which closes the General Part, is devoted to their responsibility, which defines the grounds for bringing legal entities to criminal responsibility; types of criminal liability; guarantees of its inevitability. The basis for the imposition of punishment is the sole or joint decision of authorized officials representing a legal entity, or actions or omissions committed in the interests of a legal entity that contain signs of an appropriate corpus delicti.Conclusions. Modern Mongolian criminal legislation, while maintaining continuity and honoring legal and cultural traditions, has a qualitative originality. The normative prescriptions proposed in it are of interest to Russian criminal law science and the legislator. Undoubtedly, the experience of Mongolian criminal law regulation can and should be taken into account by the domestic legislator.

Adrien Rist (1841–1923), membre de la Société Médico-Psychologique (1881) et fondateur d’une maison de santé privée à Versailles « La Châtaigneraie » (1889) (Partie I)

Professor Edouard Rist (1871–1956), a former president of the Academy of Medicine (1948), wrote an unpublished text entitled “His Memories”. This text allows us to sketch the portrait of his father: Adrien Rist (1841–1923) and to review the professional career of this alienist doctor who always had a deep sense of loyalty and attachment to France and its culture. Coming from a family of surgeons, his grandfather Jean-Louis Rist (1769–1839) was a surgeon of the Grande-Armée like his uncle Côme Damien Rist (1760–1826) and their father Jean Népomucène Sébastien Rist (1725–1798) was too a surgeon in Wissembourg. It was under the July Monarchy that A. Rist (1841–1923) was born in Strasbourg. Raised in a Protestant family, he enrolled at the Military Health Service School in Strasbourg. He left the school after one year to enroll in the medical school of the same city. However, he finished his medical study in Paris. After his externship, he was accepted as an intern on December 26, 1864. Five years later (1869), he was a doctor of medicine and became the first one to make known in France the psychophysical law of Gustav Théodor Fechner (1801–1887), which bridges the gap between psychology and the exact sciences. Then, he returned to Strasbourg where he opened a medical practice and started to prepare for the aggregation in physics at the University of Göttingen (Germany). He stayed there long enough to fall in love with Emma Cornelia Gess (1848–1928), a native of Württemberg, to whom he married on April 5, 1870. Three months after his marriage, the war with Prussia broke out. During the conflict, his wife gave birth in Strasbourg to a boy named Edouard (1871–1956). Thus, his new family life and the Franco-Prussian war and its outcome deterred him from passing the aggregation. But also, A. Rist chooses to leave Alsace so as not to renounce his French nationality. After a brief stay in Le Havre (Normandy), he decided to expatriate to Switzerland. In order to be able to practice in this country, A. Rist passed the examinations in the canton of Vaud where he provided an important memorandum on the legislation of insane persons. In 1867, the Champ de l’Air Hospital for the insane was transferred to the Bois-de-Cery located near Lausanne where six years later (1873) a new hospital called “Asile de Cery” was inaugurated. Authorized to practice in Switzerland, A. Rist became in 1873 the first doctor-director of the Bois-de-Cery. A few years earlier, the first private psychiatric clinic in Romanisch Switzerland opened: La Métairie. In 1877, he became the director of this establishment located not far from the previous one at about forty kilometers away still on the banks of Lake Geneva. Board of Directors of this private establishment composed of a majority of Geneva bankers was able to receive about forty patients of well-to-do condition who came from all over the world. A. Rist lived there with his family and the organization at La Métairie was based on the participation of the insane in the family life of the doctor. A. Rist's children (Edouard, Charles, Elisabeth and Eve) founded the “Children's Society” which aimed to give concerts and theatrical performances to the patients of La Métairie. Also, they contributed when patients ran away. At the Métairie, A. Rist received the visit of Alexandrovitch Herzen (1839–1906) who was a professor of physiology at the medical faculty of Lausanne (1881) and whose father, Alexander Ivanovich Herzen (1812–1870) was the father of Russian populist socialism. However, the separation from his children who were studying in France and the tragic death of his daughter Elisabeth at the age of 17 were two factors that led to his return to France. In 1889, A. Rist and his wife decided to leave La Métairie. Rudolf Friedreich Fetscherin (1829–1892), a former assistant physician at the Waldau (Bern; 1859) succeeded him. A. Rist moved to Versailles near Paris where he opened a nursing home at 11 rue des Deux-Moulins: La Châtaigneraie.

Chronic subdural haematoma initially labeled as a psychiatric ailment: A case report

Challenges of psychiatric disorder is more recognised as being relatively common in our environment and possibly not been diagnosed as frequently as if should be. The traditional belief system recognizes only the naked, or scantily dressed as obviously insane person who picks edible from waste dump and patrols the market square as a psychiatric patient. The causes of this mental disorder are myriad ranging from curses from our ancestors and parents, curses from person whom we had defrauded, ingestion of illicit drugs and alcoholic beverages and several others. Here we report an unusual situation of an adult native man who was living “alone” and who developed obvious signs of mental disorder. It is unheard of that a native man was living alone, no family members with him or him with them. What could have led to this unwholesome development?.

INVOLUNTARY TREATMENT OF PERSONS WITH MENTAL DISORDERS IN THE REPUBLIC OF SRPSKA - WHERE WERE WE AND WHERE ARE WE NOW?

The first Law on the Protection of Persons with Mental Disorders of the Republic of Srpska was passed in 2004 and in it the social interest (endangering others) and vital interest (endangering oneself) are emphasized as indications for involuntary detention of a person for treatment, and the new Law of 2020 puts medical indication (health condition) in the foreground which is in line with the humanization of attitudes towards those persons. In this paper, special emphasis is placed on the analysis of the applicability of the first adopted Law critically from the aspect of the profession which implemented it. In the empirical research we conducted on the frequency of involuntary treatment in the institution for mental disorders of the highest health level, which receives patients from all over the Republic of Srpska, we show that our data are not different from data in other European countries, according to the frequency of involuntary detention, the type of disease and the socio-demographic data of persons forcibly detained and then accommodated.. However, when viewed from the aspect of the Law, not all articles were respected, because it was influenced by objective circumstances and the impossibility of implementing certain legal stipulations. A special problem was caused by the impossibility of imposing medical measures on insane persons by the legislator. It remains to be seen whether the greater reorientation of the new Law from 2020 towards professional medical recommendations will affect better respect for the rights of those persons, but also reduce the need for their involuntary detention. What we assume is that moving away from clear legal guidelines will be a stumbling block in its implementation.

ПРОБЛЕМИ ВСТАНОВЛЕННЯ ВИНИ У ВИПАДКУ ВИЗНАННЯ ОСОБИ НЕОСУДНОЇ

In the theory of criminal law, the issue of the relationship between the mental phenomena of sanity and guilt is not studied comprehensively. Most scholars who study sanity issues limit themselves to the assertion that sanity is closely related to guilt. At the same time, the specifical features of this relationship are practically not investigated. The scholars, as a rule, limit themselves to pointing out that sanity is a prerequisite for establishing guilt. According to this approach, it is considered that the solution of the issue of guilt can take place only after the previous positive solution of the issue of the sanity of the person. This position is questioned in the article. After all, from a philological point of view, a phenomenon that precedes another in time and exists separately from it can be called a prerequisite. Consequently, if sanity is considered a prerequisite for guilt, then the conclusion will be obvious that, at least, sanity and guilt as certain mental processes (special mental phenomena) do not coincide in terms of their existence. According to such an approach, sanity shall precede guilt by the time of its existence, it shall be separated from it by a time interval. At the same time, the wrongness of such a conclusion is obvious. After all, sanity and guilt as certain mental phenomena coincide in time – their existence is connected only with the time of the commission of a criminal offense. There can be no question of sanity or guilt of a person outside the time of committing a criminal offense. There is no sanity of a person who has not committed a criminal offense, there is no guilt of a person outside of a specific criminal offense. With all the independence of these phenomena for solving the issue of criminal responsibility of a person, their separation from each other can only be conditional. Just as it is conditional to distinguish such separate elements of corpus delicti as a subject and a subjective side. After all, as already indicated, the subject itself is the bearer of the subjective side, and therefore there can be no question of mechanical separation of the subjective side from the subject. The fact is that both sanity and guilt indicate a person`s mental attitude towards the same act and its consequences, if these consequences have criminal legal significance, and at the same time – the moment of committing a socially dangerous act. It is substantiated that from the point of view of the dialectical relationship between the phenomena of sanity and guilt, sanity can be called «psychic material», different forms of combination of which form different types of guilt, respectively. The relationship between these phenomena can be called the relationship of form and content, where sanity is the content, and guilt is the form. The issue of necessity for separate study and establishment of a mental attitude to a socially dangerous act and its consequences by a person who is recognized to be insane. It should be noted that such a question is not raised in the scientific literature at all, and the problem is not investigated. On the one hand, such presentation of the question is strange, because if an insane person is not the subject of a criminal offense and will not be subject to criminal liability under any conditions for committing a socially dangerous act, then why should we separately investigate mental processes in which no single kind of guilt can be established? Indeed, those pathological mental processes that take place in the psyche of an insane person have nothing to do with those intellectual and volitional features, with the help of which the concepts of certain kinds of guilt are defined. And formally, under no circumstances can the mental attitude of insane person towards the act he/she commits and its consequences be called guilt. At the same time, the position according to which it is impossible to ignore the peculiarities of the mental attitude of an insane person towards the act he/she commits and its consequences is substantiated in the article. After all, otherwise it is impossible to qualify the actions of such a person correctly, as well as to resolve the issue of applying a specific kind of medical coercive measure to him. It is substantiated that in such cases it is necessary to use a legal fiction that shall allow the definition of certain kinds of guilt to be applied to the mental processes that occur during the commission of a socially dangerous act by an insane person. The case law regarding this problem is analyzed.

Quelques éléments de l’histoire des premiers services ouverts en France

AimsIn France, the creation in Paris of Henri-Rousselle Hospital and its “open” psychiatric ward, not subject to the Law of June 30th 1838, one hundred years ago, traditionally marks the end of the asylum period. In the first quarter of the last century, however, several other experiments had been conducted with the same perspective of opening up psychiatry, in general hospitals and in some specialized establishments before and after the First World War. This work aims to clarify the meaning of some specialized terms then in use in the medical field and to compare the objectives and the means implemented by the authors of these various experiments. MethodsThe reports, publications, and scientific communications of the period studied are consulted, compared, and analyzed. ResultsThe primary objective of the services established within general hospitals (variously called wards for delirious patients, wards for psychic patients, isolation rooms, etc.) was to ensure the treatment of people suffering from organic pathologies with psychiatric expression: delirious, overexcited, and noisy persons. Emmanuel Régis in Bordeaux in 1902, or Gilbert Ballet at the Hôtel-Dieu in Paris in 1904 paved the way for other achievements. Some of these wares also have a triage function, from which, after a period of observation, the insane person is directed to an asylum. Public hospital services for nervous diseases offered to the person suffering from disorders called psychoneuroses and then neuroses, free cures for the poorest, while the wealthy classes frequented private establishments. As for the open psychiatric wards created within or as annexes to the asylums, they were also for the most part initially intended to respond to these same unmet needs, rather than to improve upon care of the insanes. At the Clinique d’Esquermes with Georges Raviart and at Fleury-les-Aubrais with James Rayneau, two extraordinary experiments were carried out, a source of inspiration for the reformist alienist current, the first in which all patients were placed under the law of 1838, the second in which some were subject to the common hospital regime. During the First World War, the military neuropsychiatric centers offered to asylum doctors enlisted a new field of practice with psychoneurotics and confused patients who were not usually encountered in asylums. DiscussionThe term open psychiatric ward refers to a wide variety of achievements, responding to specific needs, mainly full education for medical students and better care of organic neuropsychiatric pathologies and neurotic pathologies. The achievements aimed at improving the care of “alienated” patients placed in asylum would be a rarity and an afterthought. ConclusionIn the interwar period, the shortcomings of the asylum system finally led to several initiatives, including that of André Mahon in Mont-de-Marsan, which is very close to what would be generalized in the 1950s in psychiatric hospitals; as had previously been enacted in Fleury-les-Aubrais, patients hospitalized at their own request and those hospitalized against their will share the same premises: with Mahon, the ward is open to everyone. As for the achievement of Edouard Toulouse, which would mark its time, it inspired the significant Rucart Circular of 1937 and the Model Regulations of 1938, even though their practical application wouldn’t taken effect for another twenty years.

The Manifestation of Psychological Alienation in Jean Rhys'Wide Sargasso Sea

Wide Sargasso Sea (1966), which has been analysed by academics from a number of perspectives, is generally acknowledged to be a prelude to Charlotte Bronte's Jane Eyre (1847). In Charlotte Bronte's novel, Rochester's insane West Indian wife lives in the attic and prevents Jane from marrying him. When she ultimately perishes in the fire she starts, Rochester's home is burned down and he is rendered blind, but Jane is now free to marry Rochester. The only way to portray the insane person in Jane Eyre is from the outside. The insane West Indian wife is utterly repulsive and wicked in the view of writer and Rochester. In fact, Jane is unable to distinguish between the madwoman and the beast when she first sees them grovelling on all fours in chapter sixteen of the book. In this episode, the insane woman attacks Rochester like a hyena with swollen features. Wide Sargasso Sea is a sympathetic portrayal of the life of Rochester's insane wife, including everything from her upbringing in the West Indies, her Creole and Catholic upbringing, her courting and early marriage to the dishonest Rochester, to her last decline into madness and incarceration in England. It is obvious that in many ways Rhys' situation and the West Indian wife's situation are similar. She has created a "counter-text," a supplement to Bronte's book that fills in the "missing" testimonies and clarifies the topics that Bronte glosses over, to offer the foreign wife's side of the story. The present article focuses on how the female protagonist in Wide Sargasso Sea by Jean Rhys experiences psychological alienation and experiences loneliness, meaninglessness, and grief.

Relevansi Hak Ijbar Wali Nikah ( Study Pemikiran Wahbah Az-Zuhaili Dalam Fiqih Islam Wa Adillatuhu) Dan Kompilasi Hukum Islam (KHI)

In the anthropological perspective of Islamic law, which has a greater portion in the creation of law and the sustainability of the existence of law, it also has a contradictory perspective on the sustainability of the provisions of the guardian's ijbar rights. The values, norms and culture of today's society have given more position to women's determination. This means that the existence and role of women is now very much needed. Thus, the provisions of the right of ijbar that provide restraint to women are very contrary to the values, norms, and culture that exist in today's society. As a result, the right of ijbar cannot be accepted by various layers of society. The researcher chooses the type of research. In this library research, the researcher uses a qualitative library research approach. With data sources that include: primary data consists of Islamic Fiqh and the Compilation of Islamic Law (KHI). While secondary data in the form of, Islamic Marriage Law and others. Furthermore, the data that has been collected is analyzed by means of content analysis. Based on the research results are: (1). According to the thought of Wahbah az azuhaili, the right of ijbar or wali mujbir is assigned to a young girl even though she is a widow. the marriage of a woman who has reached puberty and is wise. He has the right to marry himself. While Jumhur is of the opinion that the one who marries her is her guardian. While the person who can force at this time is the father and the person he willed. does not have the right to force the marriage of virgins, minors, and insane persons other than the master, father, and other guardian whom he willed. (2). In the Compilation of Islamic Law (KHI) a guardian may not force his child's will to marry, in other words if a guardian wants to marry off his child there must be the willingness or permission of the bride and groom. This is mentioned in the Second Part of the Compilation of Islamic Law on Prospective Bride and Groom.

L’histoire de la psychiatrie légale à la Société Médico-Psychologique

ObjectivesThis paper seeks to establish the contribution of the discussions of the Société Médico-Psychologique (SMP) to the history of forensic psychiatry in France during the century following its birth in 1852. MethodsWe summarize the discussions held during the Second Empire and the beginning of the Third Republic, about the criminally insane, the dangerously insane, the insane with consciousness and about assistance. Synthesis articles published from the middle of the 20th century on the law of 1838 (Desruelles), psychiatric forensic medicine (Heuyer), assistance from 1789 to 1838 (Bollotte) and from 1838 to 1939 (Demay), are analyzed. ResultsThe principal themes of forensic psychiatry have been treated in depth at the SMP, in their clinical, juridical and philosophical aspects. The paper contains three chapters: (1) dangerous lunatics: the association between insanity and criminality, the responsibility of delinquent insane persons, the criteria of dangerous behavior in “reasoning” lunatics and in lunatics with consciousness; (2) inpatient and outpatient care: patient activities, colonies and family placements, chronicity in asylums, incurable lunatics, and the first open-door services; (3) the law of 1838 and its projects of reform: the respective roles of administrative and judicial authorities, private establishments and religious hospitals, the integration in the law of open-door services and outpatient follow-up after 1945. DiscussionIn the 19th century, the economic value of the patients’ work (generally agricultural) was put forth and took precedent, over its therapeutic function. After 1880, the great debates over several months and sessions ceased to deal with specific forensic themes. At the end of the 19th century and the beginning of the 20th, the prevalence of degeneracy and the theses about criminals of the Italian Cesare Lombroso eclipsed the philanthropic concerns of the previous period. During the years just prior to World War I, the theme of responsibility is treated in other forums than by the SMP. After the Second World War, mortality due to starvation in asylums for lunatics was only slightly alluded to. ConclusionIn the ideological context of the period in which they were published, decisive contributions were made between 1852 and 1946 by the SMP in several domains, and which will have a bearing on psychiatric legislation and care up to the present day: on the one hand, the organization of hospital services for the mentally ill patients, occupational therapy, forms of outpatient follow-up care, the beginnings of a sectorial organization of care and ergotherapy in the institutions. On the other hand, criminology, knowledge about dangerous behavior and the responsibility of psychiatric patients, and in forensic expertise.

تطبيقات قاعدة الحكم يدور مع علته وجودًا وعدمًا: المعاملات المالية أنموذجًا

The research is significant because it examines the jurisprudential applications of the maxim "judgement conforms to the existence of the cause, or its absence" in financial transactions. One of the factors that prompted this writing was the difficulty of invoking direct jurisprudential applications of this maxim from classical Fiqh writings, which bequeathed a desire to know the reasons for the emergence of this problem. The problem statement of this research is: does this maxim have applications in the jurisprudential heritage in general and in financial transactions? The research relied on three approaches: the historical approach, as it was resorted to in examining the practical applications of the maxim in financial transactions; the descriptive approach, to write down the contents of this subject and describe them clearly; and the analytical method, to dismantle data and link them to each other. The research relied on three approaches: the historical approach, as it was resorted to in examining the practical applications of the maxim in financial transactions; the descriptive approach, to write down the contents of this subject and describe them clearly; and the analytical method, to dismantle data and link them to each other. The study differed from earlier studies in that it focused on the application of the maxim in financial transactions, when previous studies did not, because the maxim's applications were limited to the judiciary and witnesses. In the rooting of the provisions of various financial transactions, jurists relied on the maxim "judgement conforms to the existence of the cause, or its absence," according to the findings. The sale of surplus water, the selling of dead skin, the sale of wine, the sale of paper, the sale of interest, and the sale of interest and money are among the sixteen jurisprudential applications examined in the study. Nine applications are made in the chapters on wills and related applications: will for inheritor, amount of will, interdiction of mentally retarded persons, juvenile and insane persons, time of lifting of interdiction if interdiction is removed and then returned, the reason for establishing pre-emption in movable and immovable property, and pre-emption in the neighbourhood

Tindak Pidana Pembunuhan Berencana yang Memiliki Indikasi Schizophrenia

Case of Murder committed by Perpetrator Sugeng Santoso in case Number 535/Pid.B/2019/PN. Mlg is a criminal case of murder followed by tattooing and mutilating the victim. Previously, the perpetrator was often in and out of the Mental Hospital and according to the testimony of the witness, the Defendant was an insane person, suffering from a mental disorder and symptoms of schizophrenia. This study aims to find out and analyze the considerations in the District Court Decision which states the defendant committed a criminal act of premeditated murder and analyze the criminal conviction by the judge in case Number 535/Pid.B/2019/PN. Mlg is appropriate when viewed from the purpose of punishment and by using normative legal research. The basis for the judge's legal considerations in proving the elements of a criminal act of premeditated murder by a perpetrator with a history of mental disorder/schizophrenia in decision number 535/Pid.B/2019/PN. Please, by using the statements of witnesses, expert statements, evidence of the Visum Et Repertum, and the defendant's statements, there has been a correspondence between one and the other where the Defendant Sugeng Santoso still has to be held accountable for his actions for the crime of premeditated murder even though the Defendant is suspected of having a schizophrenic disorder. and was treated in a mental hospital. The judge's legal considerations in imposing a crime against the perpetrator of the crime of premeditated murder with a history of mental disorders/schizophrenia in decision number 535/Pid.B/2019/PN. Mlg in the form of a prison sentence of twenty years is appropriate and fulfills the principle of justice for both the defendant and the victim with the consideration that the defendant has the capacity to be responsible based on the prevailing laws and regulations and based on jurisprudence by considering aggravating circumstances and mitigating circumstances based on Article 197 of the Criminal Procedure Code.

Mental capacity including testamentary capacity.

Mental capacity including testamentary capacity.

Role of state and medical officials in case of sexual assault by an insane person: A case report

Violence against women has been in talks and news every now and then. Various laws are enacted world-over and in India for protection of their rights and dignity with stringent punishments of the offender. But issues arise if the offender is a mentally unsound person or a juvenile. The case is of a four-month pregnant lady who was attacked by a mentally unsound person and was brought to casualty in a low condition with unstable vitals. She had sustained multiple injuries over the body and a wooden roller stuck inside the vagina. The treating physician’s medico-legal duties and the role of state in such cases become very important. The treatment examination of victim and accused along with the legal implications make such cases worth discussing.

The problem of an objective prognosis of public danger of an insane person for the purposes of criminal proceedings

The purpose of the article is to study the judicial practice and identify the problem of the lack of an objective medical and social prognosis of the public danger of a mentally ill (deranged) person in order to further apply compulsory medical measures, their replacement or cancellation. As a consequence, individuals who no longer pose such danger are unreasonably subjected for a long time to restrictions on civil, political, economic, social, and cultural human and civil rights and freedoms guaranteed by the Constitution of the Russian Federation and the universally recognized principles and rules of international law. The methodological basis of the research is both philosophical (dialectical, analytical) and generally scientific methods (analysis, synthesis, abstraction, generalization, induction). The work resulted in the conclusion that there is a similar problem in foreign forensic psychiatry and law and order, identifying similarities and differences in approaches to solving it, with regard to the national specifics of providing psychiatric care to the population, including in a compulsory manner. The novelty of the work is that given the objective and subjective difficulties that domestic forensic psychiatry experiences in creating a prognostic methodology of public danger of such patients, a proposal is made to consider, for these purposes, the time period during which the patient does not commit crime. Although the proposed criterion is not of a medical nature, it is always in the sight of doctors and lawyers (judge, prosecutor) when resolving legal situations related to compulsory medical measures. The authors of the article expect that in combination with the clinical variables of the risk of violence, this will allow to achieve an objective prognosis and avoid the unjustified use of medical (restrictive) measures.

Аскетизм и юродство в философии Ф. Ницше

The article considers the phenomena of asceticism and foolishness for Christ in the philosophy of Friedrich Nietzsche. The author substantiates the thesis that asceticism and foolishness for Christ are subjects of Nietzsche's philosophical reflections. The author also shows that the figures of the ascetic and the holy fool also act as “conceptual characters” of Nietzsche's philosophizing. The author suggests that Nietzsche himself felt a tendency towards self-identification with these characters and therefore tried to “dis-identify”, which he did not always succeed in. The article concludes that Nietzsche's position in relation to asceticism is ambiguous and internally contradictory. The philosopher exposed and criticized ascetic ideals, but this criticism is also directed at himself. Nietzsche himself, his character and way of thinking reveal a significant degree of kinship with ascetic views. Therefore, Nietzsche's criticism of asceticism is in many ways an attempt to overcome the ascetic in himself. For this task, Nietzsche appeals not only to the figures of an atheist and a pagan, but also to the image of a jester, a holy fool. The author substantiates the idea that one of the main distinguishing features of the holy fool's lifestyle is that he does not seem to be what he really is. A real fool, a real insane person is not a holy fool. The holy fool undertakes the feat of appearing to be a fool or insane, while he himself is not. In this way, the holy fool renounces the world and himself in the world, the state when his behavior corresponded to the norms and criteria of this world. Thus, a view of the world from a reverse perspective is achieved. Something close to this mode of thought and behavior is found in Nietzsche's philosophy. His philosophizing is deeply personal, but, at the same time, he constantly does not show the reader who he really is. Nietzsche's style is a constant play with masks and disguises. As a result of the study, the author concludes that Nietzsche's position in the history of European philosophy can be characterized as foolishness for Christ. His doctrine is formed during the crisis of European metaphysics and is the self-awareness of this crisis. Belief in reason, in the ability to comprehend God in terms of reason, characteristic of Western philosophy, is denied. This conviction in the omnipotence of reason was criticized already in Kantian philosophy, but criticized by means of reason itself. This was the peculiar “cunning of reason”, which, having preserved itself as a tool of criticism, subsequently triumphed in Hegel's philosophy. The claim of reason to absolute significance cannot be refuted by means of reason itself. Nietzsche understood this. He realized that breaking the impasse in which Western metaphysics found itself thanks to the deification of reason requires a completely different path.

Problematic issues of Criminal and Criminal Procedural Legislation in Applying Coercive Medical Measures

The author of the article proves that the possibility for a court to apply coercive medical measures to an insane person who has committed a socially dangerous act is regulated by the norms of the law on criminal liability and the provisions of the criminal procedural legislation of Ukraine. Their implementation is carried out in the interaction of substantive and procedural law, in particular in certain forms of criminal liability and in measures that are not covered by criminal liability, but are called criminal coercion, and is resolved through individual procedural institutions. The scientific positions of certain scholars and representatives of scientific schools on these issues were studied. On their basis the author expressed a number of own conclusions on problematic and debatable areas and issues raised in the article. Based on the results, the author of the article made some conclusions about the application of coercive medical measures: establishing the fact of committing a criminal offense by a specific person; after a forensic psychiatric examination to determine that such a person is mentally ill and according to its results cannot be sane; such a person is socially dangerous to society and must be isolated for the period of involuntary treatment. In the absence of at least one of the elements of the specified structure, coercive medical measures cannot be applied. The author made generalization, based on the initial provision that the main component of criminal liability is the conviction of a person, the adoption of a court conviction, which provides a legal assessment of the act and the specific person who committed it. Comparison of the current criminal and criminal procedural legislation provides an opportunity to assess coercive medical measures by coercive measures of a criminal law nature, as those used in criminal law relations against persons who committed a socially dangerous act, are ill with certain types of mental illness at the moment of the commission of a crime. The tendency of modern development of the direction in criminal law about delimitation of concepts and essence of "release of the person from criminal liability" and "punishment" from "exclusion of such responsibility" and existence and allocation at the same time of other direction - "criminal coercion" is distinguished. At the same time, the conclusions concerning persons who fell ill with a mental illness after the commission of a crime or while serving a sentence in places of imprisonment that relate to the procedural mechanism of temporary suspension of the imposed criminal punishment, were singled out. The results of the study of criminal and criminal procedural legislation on the application of coercive medical measures confirm and present the mechanism of interaction and implementation of substantive and procedural legislation to ensure the objectives of criminal proceedings under the Art. 1 of the Criminal Code and the Art. 2 of the Criminal Procedural Code of Ukraine.

1960년대 정신분석의 도입과 근대적 공포 코드의 전환 －이청준 소설의 ‘정신병자’와 정신분석 치료의 충돌을 중심으로

본 연구는 한국문학에서 사라진 것처럼 보이는 ‘공포’가 바로 정신분석의 도입과 함께 본격문학의 정신병으로 귀환하였음을 분석해 보고자 한다. 지금까지 정신분석 비평으로 논의하던 방식에서 벗어나 ‘정신분석’의 도입 자체, 혹은 ‘정신의학’의 도입과정과 문학의 연관관계를 중심으로 고찰하고자 한다. 이는 텍스트 내의 인물들을 정신분석하며 비평하던 기존 연구에서 벗어나 사회문화적 담론의 지형 안에서 정신분석(정신의학)의 도입이 어떻게 문학에 들어가서 한국 ‘공포’의 계보를 잇게 되었는지에 주목할 것이다. 따라서 본 연구에서는 일제강점기까지의 ‘장화홍련’으로 대표되던 여성 원귀의 자리를 차지하는 공포대상이 1950년대를 거치고 1960년대가 되면 ‘정신병자’로 옮아갔다는 것을 전제로 한다. 그러나 1960년대 ‘정신병자’는 금기와 격리의 대상이었고, 이들이 공포 코드로 떠오르기 시작한 것은 1990년대 이후, 2000년대가 되어서이다. 그만큼 1960년대 정신병과 정신병원은 사람들에게 거부, 금기, 억압의 대상이었다.BR 1960년대 한국문학에서 공포소설 장르가 나타나지 않은 것으로 보이는 것은 바로 개인의 억압된 것이 회귀하는 정신분석과 사회적 원인으로 공포에 시달리는 정신병 환자 사이의 충돌 때문이다. 따라서 1960년대 ‘공포’는 오히려 본격문학 쪽에서 종종 정신병을 앓고 있거나 이상 징후를 보이는 인물들에게서 엿볼 수 있다. 정신분석은 ‘정신의학’과 함께 1950년대 후반에서 1960년대에 들어서면서 본격적으로 수용되기 시작한다. 1960년대 문학 연구자들이 이청준, 최인훈, 서정인, 김승옥과 같은 1960년대 작가들의 작품을 분석할 때 ‘정신분석’ 비평을 많이 하게 되는 것은 ‘정신병’, ‘신경증’ 등 정신질환을 앓고 있는 인물들이 종종 등장하기 때문이다.BR 본 논문에서는 1956년 프로이트의 죽음을 맞아 1960년대 본격적으로 프로이트의 정신분석이 도입되기 시작하면서 정신분석이 한국문학에 개입되는 과정을 보여주고자 한다. 처음 도입되던 시기에 정신분석 혹은 정신병 환자로 지목된다는 것은 그 자체로 공포의 대상일 수 있었다. 본 연구는 해방 후 전쟁을 겪고 1960년대 들어서면서 문학의 장르에서 ‘공포’가 사라진 것처럼 보이는 현상이 ‘정신분석’의 영향 때문이라 보고, 공포가 겉으로 표출되지 않고 죄의식과 같은 무의식이라든가 자신도 의식하지 못하는 증상 등으로 숨겨져 있음을 보여주고자 했다. 따라서 이청준의 ｢퇴원｣(1965), ｢소문의 벽｣(1971), ｢황홀한 실종｣(1976), ｢조만득씨｣(1980) 등 정신병원 환자가 등장하는 작품을 중심으로 다루었다.

Behind the Legend of Dorothea Dix Rests a Woman ‘Famous but Unknown’

Behind the Legend of Dorothea Dix Rests a Woman ‘Famous but Unknown’

PROCEEDINGS ON THE APPLICATION OF COMPULSORY MEDICAL MEASURES TO THE INSANE

In this article, the authors examined the issue of the application of compulsory medical measures to the insane. The use of compulsory medical measures in relation to the insane is a complex procedural act, since this section of the criminal procedure code considers the rights and legitimate interests of the insane person. In this article, the authors, having investigated the world and native opinions concerning this problem, try to give their own opinion on this problem. Also, the authors investigated and disclosed the features of the application of compulsory medical measures to the insane. The decision of the court on forced outpatient monitoring and psychiatric treatment is not only announced to the person, but also the court decision must be sent to the justice authorities, as well as to psycho-neurological clinics. The convicted is examined by a doctor at intervals determined by the psychiatrist. The person performs the diagnostic and therapeutic measures suggested by the psychiatrist. If the punishment is not related to imprisonment, social assistance will be provided to the person in the process of comprehensive medical and social rehabilitation. In the case of an increased risk of mental disorders of a person, the court may forcibly conduct compulsory outpatient treatment in a psychiatric clinic (usually, on the recommendation of the Commission, in a general hospital). The purpose of this article is, based on the theoretical and practical knowledge already accumulated in this field, as well as the norms of the current Code of Criminal Procedure, to investigate the problem, and on its basis to work out proposals for improving the criminal procedure legislation and law enforcement practice. The relevance of the research topic is due to the fact that, in the science of the criminal process the main thing is to ensure the right to defense of the suspect, the accused and the defendant, as well as to ensure the efficiency and economy of the criminal process. Based on the study, the authors attempted to analyze the application of coercive measures of a medical nature to the insane in native and international practices. Key words: compulsory medical measures, accused, guilt, criminal process, insane.