burden of proof of mental disorders in the criminal justice process
نویسندگان
چکیده
mental disorders unable to accused in enjoyment of the legal defensesand destruct mental attribution of an offence to him and creation of criminalliability.with claim of mental disorder, creation of responsibility is encounteredwith doubt and in order performance of the presumption of innocence andthe principle of equality of arms; public prosecutor shall prove mentaldisorders. in iranian legal system is mentioned to madness and drunkenness.legal materials clearly determine the burden of proof drunk. about insanity,legal materials and jurisprudence refer to the need to investigating accusedmental condition and the need to seeking expert opinion prove the existenceof the disorder. therefore, if the insanity claim is discussed by the defendant,judge required investigating to this claim pre-judgment.
منابع مشابه
mental illness and burden of proof in the iranian system of criminal justice
as a rule, like other criminal legal systems, insane people are exempted from criminal liability in iranian criminal law. the previous penal code, replaced in 1982, had classified the mentally ill people into two groups. those completely insane were totally free from criminal liability and those suffering from less serious mental illnesses benefit to some extent liable to a certain lenient degr...
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عنوان ژورنال:
مطالعات حقوق خصوصیجلد ۴۳، شماره ۱، صفحات ۲۳۵-۲۵۰
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