К вопросу о критериях уменьшенной вменяемости

Abstract

The number of crimes committed bv people with mental fnistration being increased, the theoretical research of the legal concept is ofs pecial importance. The norm of the diminished responsibility having been fixed in the Criminal Code of Belams in 1999, the given multidimensional problem is still under discussion in scientific literature. It being considered from mainly two points of view: medical and legal, a medical (psychiatric) approach remains dominating. In fact, the recognition of a person to be of diminished imputability actually identifies his mental frustration with the legal concept of the diminished responsibility or irresponsibility, while the main task is to define the degree of influence of his mental frustration on his conscious choice of his own behaviour during the incriminated act. The criteria offered by the author enable to outline the frames of necessary interaction between bodies of legal investigation and judicial experts. Thus, the purposes of the given research are to consider the acute problem of applying article 29 of the Belorusian Criminal Code, to analyze some authors' views on the given problem and to offer some theoretical and practical solutions to the outlined problems.