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Zabluda u krivičnom pravu uslovljena duševnim poremećajem
Error In Criminal Proceedings Caused By Mental Disorder

Author(s): Dragiša Drakić
Subject(s): Law, Constitution, Jurisprudence
Published by: Универзитет у Нишу
Keywords: Error; Mental Disorder; Inability of Reasoning; Lack of Consciousness That the Act is Prohibited; Lack of Consciousness on Real Circumstances

Summary/Abstract: In the first part of the paper, the author analyzes the relationship between the "inability of reasoning" in the light of the provisions on irresponsibility, and the lack of "consciousness that the act is prohibited" in the light of the provisions on unrecoverable legal error. Then he underlines the difference between unrecoverable legal and real error. Further the author defines the relationship between the above mentioned inability of reasoning and a lack of „consciousness about real circumstances" in the light of the provisions on unrecoverable real error. After that, the author discusses some even more complex issues. At the end, the author is trying to solve the problem, in which the mentaldisorder, which had (significantly) reduced the offender's responsibility, did not lead in any way to the situation in which the offender was in an (un)recoverable legal or real error in relation to the committed criminal act.

  • Issue Year: 2012
  • Issue No: 03
  • Page Range: 1319-1337
  • Page Count: 19
  • Language: Serbian