@2024 Afarand., IRAN
ISSN: 1027-1457 Scientific Journal of Forensic Medicine 2020;26(1):31-37
ISSN: 1027-1457 Scientific Journal of Forensic Medicine 2020;26(1):31-37
Impact of Mental Illness on Intolerance of Punishment; a Case Study of Hamadan Forensic Medicine
ARTICLE INFO
Article Type
Descriptive & Survey StudyAuthors
Niknahad Z. ()Rostami H. (*1)
() Law Department, Humanities Faculty, Bu-Ali Sina University, Hamadan, Iran
Correspondence
Address: Law Department, Humanities Faculty, Bu-Ali Sina University, Hamadan, IranPhone: +98 (21) 86017122
Fax: +98 (21) 86017122
h.rostami@basu.ac.ir
Article History
Received: January 16, 2020Accepted: March 29, 2020
ePublished: April 18, 2020
ABSTRACT
Aims
The mental illness of convict is one of challenging issues in criminal law. The criminal policy of Iran has ignored this issue and the consequence is that the notion of insanity in sentencing regulations is placed along with some of the mental illnesses which causes the suspension or delay of the punishment. The purpose of the present study was to investigate the comments of the Commission of the General Directorate of Forensic Medicine of Hamadan regarding mental disorders and its effect on tolerating the punishment of the perpetrator within a specified period of time.
Instrument & Methods The present research method is descriptive-analytical. The first information was collected from the library method and then, field research was conducted by examining 70 cases referred to the Psychiatric Commission of the General Directorate of Forensic Medicine of Hamadan in the period of 2017-2019 and interviewing specialists.
Findings Among the 70 cases examined, in 15 cases (21.4%) the presence or absence of insanity during the committing crime and in 55 cases (78.6%) in the punishment stage were mentioned. Of those 55, 54 people (98.2%) were sentenced to imprisonment and one (1.8%) was sentenced to flogging in addition to imprisonment and condemnation of other types of punishment was not observed.
Conclusion Despite the criminal laws reference to insanity in the post-trial period, the term does not apply to convicted offenders, and according to experts, mental illness in general leads to impunity when it is feared that punishment slows the healing process, exacerbates the symptoms of the disease, or Injury to a person convicted of himself or others.
Instrument & Methods The present research method is descriptive-analytical. The first information was collected from the library method and then, field research was conducted by examining 70 cases referred to the Psychiatric Commission of the General Directorate of Forensic Medicine of Hamadan in the period of 2017-2019 and interviewing specialists.
Findings Among the 70 cases examined, in 15 cases (21.4%) the presence or absence of insanity during the committing crime and in 55 cases (78.6%) in the punishment stage were mentioned. Of those 55, 54 people (98.2%) were sentenced to imprisonment and one (1.8%) was sentenced to flogging in addition to imprisonment and condemnation of other types of punishment was not observed.
Conclusion Despite the criminal laws reference to insanity in the post-trial period, the term does not apply to convicted offenders, and according to experts, mental illness in general leads to impunity when it is feared that punishment slows the healing process, exacerbates the symptoms of the disease, or Injury to a person convicted of himself or others.
CITATION LINKS
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[26]Rostami H. The criminal procedure code. 1st Edition. Tehran: Tarh-e Novin Andisheh; 2019. p. 102. [Persian]
[27]Khani M, Laki Z, Nasrabadi M. Punishment intolerance principles and legal standards-Medical. Med Law J. 2013;7(26):111-38. [Persian]
[28]Dorvashi GH, Mesri M, Taheri K, Noruzi S. Investigating the cases of lack of judgment & volition (medico legal and criminal law aspects). Iran J Forensic Med. 2016;22(2):121-8. [Persian]
[29]Hejazi A, Kuhestani L, Fotovat A, Sadeghipour F, Rahimi S. Determining the criteria for diagnosis of will and discernment in psychiatric patients referred to the forensic psychiatry department. Iran J Forensic Med. 2016;22(3):211-8. [Persian]
[30]Samari M. How Iranian criminal lawmakers deal with patients with risky mental disorders. Ghanoonyar. 2018;2(6):387-418. [Persian]
[31]Fadaei F, Bashirieh T, Khoshbakht AH. The type of disease and how to refer to the hospital in the investigation of crimes committed by a sample of mentally ill patients admitted to Razi Psychiatric Hospital. In: Najafi Abrandabadi, editor. Encyclopedia of criminal sciences (collection of new articles on criminal sciences). 1st Edition. Tehran: Mizan; 2019. [Persian]
[32]Niknahad Z. Impact of mental illness on intolerance of punishment (cases referred to Hamadan Forensic Medicine) [Dissertation]. Hamadan: Bu-Ali Sina University; 2020. [Persian]
[33]Hashemi R. Investigating the Effect of Forensic Medical Expertise Statement on Criminal Cases in Tehran Province from 1997 to 2000. Iran J Forensic Med. 2002;8(27):12-5. [Persian]
[34]Najari F, Kazemi Esfeh S, Daneshparvar H R, Sheikhveisi Z. The evaluation of referred cases regarding punishment and suspended punishment to the Tehran legal medicine center in 2012. Iran J Forensic Med. 2016;21(4):297-302. [Persian]
[2]Ganji M. Complete guide to DSM-5 changes and essentials. 1st Edition. Tehran: Savalan; 2016. p.18. [Persian]
[3]Bashiriyeh T. Interacting with the legal and psychiatric concepts of "insanity". Private Law Stud Q. 2008;38(3):85-95. [Persian]
[4]Zarani F, Esmaeili S, Ghashang N, Aghamohammadi S, Khazaei M. The fifth edition of the diagnostic and statistical manual of mental disorders: evolution, criticism, vision. J Res Behav Sci. 2016;14(1):125-36. [Persian]
[5]Azarbadegan H. Classification of psychiatric patients and their sentences from the viewpoint of the Mohaghegh Naraqei. Q Jurisprudence. 2002;(29-30):43-95. [Persian]
[6]Bashiriyeh T, Bashiriyeh B. Insanity in law and psychiatry. In: Niyazpour AH, editor. The approach of criminal procedure to the concept of insanity. 1st Edition. Tehran: Mizan; 2018. p. 12. [Persian]
[7]Mayor M. Longman dictionary of contemporary English. Harlow: Pearson Longman; 2009.
[8]Ashoori M. Criminal procedure. Volume 1. 15th Edition. Tehran: SAMT; 2009. p. 160. [Persian]
[9]Mehrnia A, Fallahi A. The Developments of Insanity and Criminal Responsibility in Islamic Penal Code. J Culmin Law. 2013;(3):135-57. [Persian]
[10]Abbasi A, Mansourabadi A. The burden of proving the defendant's mental disorders in the criminal proceedings. Private Law Stud Q. 2013;43(1):235-50. [Persian]
[11]Judaki B, Abbasi M. Enforcement of sentences against insane person in Iranian criminal law. Med Law J. 2014;8(29):101-29. [Persian]
[12]Maleki Afzali M, Saeedi M. Investigating the concept of insanity in jurisprudence by considering the attitude of the Islamic penal code. J Jurisprudential Res. 2019;15(2):243-71. [Persian]
[13]Elmi M. Ghobadi K. Extent of insanity in jurisprudence and law. J Jurisprudence Res. 2015;10(4):823-52. [Persian]
[14]Koukhaei Z. The study of madness from the perspective of jurisprudence and law in comparison with its concept in psychiatry. In: Proceedings of International Conference on Engineering and Applied Sciences; 2016 Mar 10; Capital Idea Managers Institute, Dubai, UAE. Civilica; 2016. [Persian]
[15]Naraqi A. Benefits of days in the statement of rules (Avaed al-ayyam fi qavaed al-ahkam). 1st Edition. Qom: Qom Seminary Islamic Propaganda Office; 1996. p. 513, 516, 518. [Arabic]
[16]Golduzian I. Public penal law requirements (3-2-1). Tehran: Mizan; 2009. [Persian]
[17]Gholami N, Abbasi M, Soltani Kuhbanani S. The concept of insanity in Islamic penal code subjectivity or causality. Med Law J. 2018;12(44):77-94. [Persian]
[18]Jafari Langroodi MJ. Terminology of law. 18th Edition. Tehran: Ganj-e Danesh; 2009. p. 200, 201. [Persian]
[19]Abbasi M, Khosravi A. Schizophrenia and its criminal responsibility from the Iranian legislative perspective. Med Law J. 2012;6(22):151-88. [Persian]
[20]Goodarzi F, Kiani M. Forensic medicine: for the students of law. 14th Edition. Tehran: SAMT; 2018. p. 317. [Persian]
[21]Saberi M, Mohammadi M. A new approach to forensic psychiatry. 1st Edition. Tehran: Teymoorzadeh, Tabib; 2015. [Persian]
[22]Ardebili M. General criminal law. Volume 2. 29th Edition. Tehran: Mizan; 2014. [Persian]
[23]Pakniyat M. The basics of separating the insane approach to the criminal justice system: from separating for the offender to separating for the victim. In: Niyazpour AH, editor. The approach of criminal procedure to the concept of insanity. 1st Edition. Tehran: Mizan; 2018. [Persian]
[24]Rostami H. Influence of perpetrator's insanity on the proceedings. In: Niyazpour AH, editor. The approach of criminal procedure to the concept of insanity. 1st Edition. Tehran: Mizan; 2018. [Persian]
[25]Dadashpour Ashkazi M, Delir Rad M, Tofiqi H, Mahdavi SAH. Intolerance of punishment, a review of cases referred to Tehran Forensic Medicine Organization in 2002. Iran J Forensic Med. 2014;9(32):172-5. [Persian]
[26]Rostami H. The criminal procedure code. 1st Edition. Tehran: Tarh-e Novin Andisheh; 2019. p. 102. [Persian]
[27]Khani M, Laki Z, Nasrabadi M. Punishment intolerance principles and legal standards-Medical. Med Law J. 2013;7(26):111-38. [Persian]
[28]Dorvashi GH, Mesri M, Taheri K, Noruzi S. Investigating the cases of lack of judgment & volition (medico legal and criminal law aspects). Iran J Forensic Med. 2016;22(2):121-8. [Persian]
[29]Hejazi A, Kuhestani L, Fotovat A, Sadeghipour F, Rahimi S. Determining the criteria for diagnosis of will and discernment in psychiatric patients referred to the forensic psychiatry department. Iran J Forensic Med. 2016;22(3):211-8. [Persian]
[30]Samari M. How Iranian criminal lawmakers deal with patients with risky mental disorders. Ghanoonyar. 2018;2(6):387-418. [Persian]
[31]Fadaei F, Bashirieh T, Khoshbakht AH. The type of disease and how to refer to the hospital in the investigation of crimes committed by a sample of mentally ill patients admitted to Razi Psychiatric Hospital. In: Najafi Abrandabadi, editor. Encyclopedia of criminal sciences (collection of new articles on criminal sciences). 1st Edition. Tehran: Mizan; 2019. [Persian]
[32]Niknahad Z. Impact of mental illness on intolerance of punishment (cases referred to Hamadan Forensic Medicine) [Dissertation]. Hamadan: Bu-Ali Sina University; 2020. [Persian]
[33]Hashemi R. Investigating the Effect of Forensic Medical Expertise Statement on Criminal Cases in Tehran Province from 1997 to 2000. Iran J Forensic Med. 2002;8(27):12-5. [Persian]
[34]Najari F, Kazemi Esfeh S, Daneshparvar H R, Sheikhveisi Z. The evaluation of referred cases regarding punishment and suspended punishment to the Tehran legal medicine center in 2012. Iran J Forensic Med. 2016;21(4):297-302. [Persian]