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CONTENT

                 PP.

Introduction.………………………………………………………………………21.Insanity, its essence and content..............................…....Three

2. Personality of the insane.............................................................Seven

3. Criteria of insanity...........................................................Nine

Conclusion.………………………………………………………………….Fifteen

Bibliographic list.……………… .…………………………....... 17.

The solution of the problem........................................................................18

INTRODUCTION

          Relevance of the topic the question of the sanity of a person who has committed a socially dangerous act under the article of The special part of the Criminal code of the Russian Federation is one of the key issues in bringing a person to criminal responsibility. If a person is declared insane, then his actions (inaction) will be missing one of the elements of the crime – the subject. Consequently, the act of a person cannot be qualified as a crime for lack of its composition. Such a person cannot be found guilty of a crime and punished for it.

The object of the study is insanity.

The subject of the research is insanity and its criteria in Russian criminal law.

The purpose of the course work: to study the category of insanity and its criteria, as well as the impact of insanity on criminal liability.

This goal can be achieved by solving the following tasks of this study

- to define the concept of "insanity»;

- identify the criteria of insanity;

- to determine the impact of insanity on criminal liability.

The structure of the control work is determined by the purpose and objectives of the study. Control work consists of an introduction , three chapters, conclusion and a list of sources and literature.

Chapter 1. Insanity, its essence and content

"Free will" is a General condition for any kind of social responsibility of the individual in society. In law, there is a legal concept to characterize responsibility. In criminal law-the concept of sanity, which is based on a fixed level of criminal law "free will"of the offender - freely made decision to commit a crime.                

           Freedom of will of a person at the time of committing a socially dangerous act provided for by the criminal law, determines his ability to be guilty, i.e. sane. Otherwise-the ability of a person to show their anti-social attitudes and value orientations in the form of intent or negligence.

From the point of view of the law, the subjects of criminal responsibility may be only such persons who possess certain intellectual, volitional and emotional qualities that determine the ability to understand the legal provisions imposed on them, to be aware of the social danger of their behavior contrary to the legal requirements and the ability to lead them, the ability to refrain from impulsive, etc.activities.

           Sanity — the ability to be guilty, responsible and legally recognized as a criminal. Since the said ability is "fixed" in the criminal law, it is a mandatory legal feature of the basis of criminal liability (corpus delicti) characterizing the subject of the crime. Absence of the specified sign (at insanity) excludes the basis of criminal liability — crime structure.

The deranged is not a criminal, his socially dangerous acts are not crimes. The social essence of the insane is that he is the bearer of social danger, and his public dangerous act causes serious harm to society and its interests. The need to protect public relations from dangerous acts of the insane put before the society, the state and the law the task of neutralizing and preventing dangerous acts of the insane (including criminal legal means).

The citizen to whom, according to the law, for the socially dangerous act committed by him, due to his mental illness, legal (criminal) liability is not applied is recognized as insane in our law.

 The term "insane" covers three categories of mentally ill persons:

                      (a) insane;

                      b) sane, sick mental disease after committing a crime, but to the court's verdict;

                       C) those who have committed a crime and suffer from mental disorders that do not exclude sanity;

                       d) convicted persons with mental illness while serving their sentence.

The first group includes the mentally ill, recognized insane. These are persons who are unable, at the time of committing a socially dangerous act under the criminal law, to be aware of the actual nature and social danger of their actions (inaction) or to direct them as a result of a chronic mental disorder, temporary mental disorder, dementia or other mental illness.  They are not subject to criminal liability. In order to prevent the recurrence of socially dangerous acts, such persons may be subjected to compulsory medical measures by the court in accordance with the procedure established by law, which is not a punishment.

          The second group consists of mentally ill persons who have been found to be sane but who, prior to sentencing by the court, suffer from a mental illness that makes it impossible to be aware of their actions or to lead them. Such person during the illness are not subject to punishment. They may be subjected to compulsory medical measures in order to prevent dangerous acts as prescribed by the court, and upon recovery they may be punished if the Statute of limitations has not expired or there are no other grounds for releasing them from criminal liability and punishment. If such a person is punished upon recovery, the time during which compulsory medical measures have been applied shall be counted towards the term of punishment.