The "Criminal Responsibility" is one of the most
important subjets in criminal law. From the viewpoint of Criminal Law
the «Criminal Resposibility» is the necessary condition applying
punishment on otTendres.
The Criminal law scintists be live that criminal
responsibility is made up of three elements: Mental element, material
element and legal element and no barriers criminal responsibility. In
some situations related to the offender the legislator do not consider
the act as crime. These conditions are the cause of non responsibility
for example we can point to childhood, compulsion and insanity.
In this reserch we will discuse about the mental
disorder (Insanity) as a factor of non responsibility. The legislator of
Iran do not have a regular program about this mater and after the
Islamic Revelution passed a retrogradation in legislation about
insanity. The 51th article of criminal Law of Iran express «Any grade of
insanity during the commission of illegal act cause to nonresponsibility».
This article make some questions as: What is the meaning of insanity?
What is the meaning of grades of insanity? Do the regislator accept the
relativity responsibility?
Considration of this article makes clear that
regislator created too many dificulties in this area.
As a suggetion we can use the consequences of
criminal law, criminology, psychiatry and comparative studies to reforme
the regislations according to holly religion. Finally we suggest
building the special hospital protecting the psychopathes and also
promotion of the judges knowledge.
