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Foreign Experience in Solving the Problem of Limited Sanity
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| Author:
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, ABRORBEK MIRABDULLAYEVICH MAMAJANOV
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| Abstract:
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Both in science and in judicial practice, there are various, sometimes opposite, approaches to accounting for
mental disorders that do not exclude sanity when imposing a sentence (from real accounting as a mitigating
circumstance to completely ignoring this circumstance). On the one hand, when imposing punishment, it is
necessary to take into account the special mental state of the person in which he was at the time of the crime,
on the other hand, such subjects often pose an increased social danger, committing grave and especially grave
crimes. These circumstances lead to an increased level of difficulty in resolving the issue of sentencing that
meets the principles of guilt, justice and humanism. Certain difficulties arise when compulsory medical
measures are applied to persons with a mental disorder that does not exclude sanity, both due to the
debatable scientific grounds for compulsory treatment and its combination with punishment, and in connection
with contradictory legal regulation. The above stipulates the urgent need for the correct application of the
criminal law to persons with a mental disorder that does not exclude sanity, the interpretation of regulations
in a systemic relationship both with domestic legislation and with international standards, taking into account
the latest changes in legislation, trends in judicial practice, understanding the content of novels of criminal law,
interdisciplinary aspects of this problem, requiring knowledge of various fields - forensic psychiatry, psychology,
criminal, criminal procedural and penal law, as well as criminology. The article analyzes the historical aspect of
the formation and development of the concept of limited sanity on the example of foreign legislation.
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| Keyword:
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Criminal Code, Sanity, Limited Sanity, Mental Disorder, Crime, Responsibility, Foreign Experience.
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| EOI:
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| DOI:
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https://doi.org/10.31838/ijpr/2020.SP3.073
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| Download:
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