Kóros elmeállapot mint büntethetőséget kizáró vagy korlátozó ok a terrorcselekmények tükrében

Abstract

The aim of the study is to analyze the possibility of the insanity as ground for total or partial exemption from criminal responsibility in the light of the current terrorist acts, which is based on a recent case in France. In connection with the case, the domestic and international regulation of the insanity will be reviewed and analyzed, with a brief overview of its execution of a sentence. In this context, it can be stated that both the Hungarian and foreign regulations consider it to be ground for total or partial exemption from criminal responsibility if the ability to set off at the time of the commission of the act is limited or excluded. Where appropriate, the decision on the matter, in addition to leading to a conviction or acquittal of the act, also has an impact on enforcement, as it does not matter whether the place of detention is a medical or penitentiary institution. After that, after the general definition of the concept and types of terrorism, the mental disorders that may occur in connection with the mentioned acts and may affect the ability to set off are described. Finally, based on a review of the literature, it can be concluded that insanity as ground for total or partial exemption from criminal responsibility and the application of the relevant legal consequences to perpetrators of terrorist acts is not excluded, but given the complexity of the behavior and the duration of mental disorders fewer illnesses can occur as in the case of other criminal offenses.