Criminal Responsibility in Mental Abnormalities; a Comparative Study of the Criminal Legislation of Arab Countries

Abstract

Psychoanalysis was of great importance in understanding criminal behavior because psychology provided society with many theories of great importance in studying the psychological aspect of the individual and his innate  predispositions and the deviations that he experiences, which have become important indicators of criminal behavior, psychological complexes, emotional imbalance, and... Instincts are factors in criminality. Psychological sciences have provided multiple explanations for various types of behavior and have attempted to develop proposals that would treat types of criminals according to the results derived from psychoanalytic procedures, studying the depths of the human psyche and probing its depths for various repressed psychological components and their relationship to criminal behavior, leading to studying the reasons driving that behavior and trying to reform the criminal and bring him back to the social body. 

The developments witnessed in medicine and the expansion of scientific research have proven the existence of cases of mental disabilities that do not lead to a complete loss of perception or choice, but rather their effect depends on diminishing one or both of them, which leads, as a result, to the emergence of a group of mentally ill people who mediate... Their mental faculties are among the minds The absence of it stems from the importance and necessity of this topic in that it will represent an addition to the legal scientific library and to the legal field in its applied aspect. It aims to introduce criminal responsibility and state the views of Islamic jurisprudence in dealing with the mentally ill person and determine the legal basis for this. What caught the researcher’s attention is that Islamic law requires Criminal accountability is imposed on the chosen taxpayer, and it provided clear rules for implementing this responsibility. However, the Egyptian Criminal Code of 1991 - which influenced the development of legislative amendments in the Iraqi Criminal Code - was disturbed in its codification of these provisions and did not follow the usual jurisprudential influence, despite its detailing of the general basis. For criminal accountability, except that it stipulates that the criminal liability of the offender suffering from a mental or psychological disability is limited, so this research explains the impact of these diseases on criminal liability.