Open AccessOn the Issue of Criminal Liability of Personswith a Breakdown of Gender Identity (Transsexualism)for Their Illegal Acts
Author(s) -
Nataliya Khromova,
Nataliya Khromova
Publication year - 2018
Publication title -
rossijskij žurnal pravovyh issledovanij
Language(s) - English
Resource type - Journals
eISSN - 2410-7522
pISSN - 2410-4965
DOI - 10.17816/rjls18384
Subject(s) - transsexual , gender identity disorder , jurisprudence , identity (music) , legislature , criminology , political science , law , transgender , psychology , consciousness , sociology , gender identity , social psychology , psychoanalysis , physics , neuroscience , acoustics
Recently in media the materials devoted to transsexuals, their life and social problems which at them arise often began to appear. Reaction of society to such persons generally negative, and legislative regulation of their rights is absent. Only at the end of 2017 the Ministry of Health of the Russian Federation has approved a form and an order of issue by the medical organization of the document on sex change according to which persons with disorder of gender identity (transsexualism) have the right to address to bodies the Registry office for entering of correction or change into record of act of civil status according to a psychological f loor. Before such persons are compelled was to live on old to documents that generated many questions including legal.So, in jurisprudence problems of a legal status of transsexual persons were repeatedly investigated, however the system analysis it is carried so out and wasn’t. Generally legal researches were conducted in civil aspect. A question of criminal prosecution of persons with the diagnosis «transsexualism» for the crimes committed by them and, respectively, departure of criminal penalties by them hasn’t been investigated.For the answer to the question posed the author of the real research has made an attempt to understand that«transsexualism» is understood as the diagnosis, whether the transsexualism is a mental deviation. The retrospective analysis of this phenomenon is carried out. Psychological criteria of this disease and stages of verification of the diagnosis are investigated.The conclusion has been drawn that violation of sexual consciousness meets also against the background of complete mental equilibrium, that is doesn’t attract insanity and, respectively, and doesn’t exclude criminal liability.Thus, the author comes to a conclusion that the transsexual person can be brought to trial for the crime committed by him irrespective of the fact which f loor such person was at the time of commission of illegal act.