Open AccessCriminal legal assessment of insanity in the commission of acts with signs of administrative prejudice
Author(s) -
V.I. Morozov,
V.V. Galkin
Publication year - 2021
Publication title -
l.n. gumilev atyndaġy euraziâ u̇lttyk̦ universitetìnìn̦ habaršysy. k̦u̇k̦yk̦ seriâsy
Language(s) - English
Resource type - Journals
eISSN - 2663-1318
pISSN - 2616-6844
DOI - 10.32523/2616-6844-2021-137-4-180-192
Subject(s) - insanity , prejudice (legal term) , legislation , commission , diminished responsibility , law , political science , psychology , criminal responsibility , criminal law , administrative law , criminology
The article deals with controversial issues arising in the legal assessment of acts containing signs of administrative prejudice committed by persons with mental defects. The article indicates a problem of the interrelation of the norms of criminal, administrative-procedural, and criminal-procedural law. Based on the analysis of administrative legislation, the judgment is justified about the presence of gaps in the regulation of the procedure for determining the mental state of a person when he is brought to administrative responsibility and, as a result, the need to re-review the results within the framework of criminal proceedings. It is indicated that it is unacceptable to recognize a person as insane in the absence of an undelivered act in the case of an administrative offense when establishing signs of insanity for the period of committing this offense. The article considers problems of challenging the act of bringing to administrative responsibility in the framework of an initiated criminal case. It is claimed that there are signs of an unfinished crime in acts with signs of administrative prejudice. The authors have formulated proposals aimed at improving the legislation.