ON QUALIFICATION OF SOCIALLY DANGEROUS ACTS COMMITTED BY INSANE PERSONS

Abstract

The paper considers errors made by law enforcement bodies when qualifying socially
dangerous acts committed by insane persons. Socially dangerous acts committed by insane
people should be qualified depending on which legal criterion was chosen when determining
a condition of irresponsibility. If a socially dangerous act has an intelligent moment of the
legal criterion of insanity or there are both moments of the legal criterion (intellectual and
strong-willed), the offense should be qualified according to objective signs of the act provided
by the norm of the Special Part of the Russian Criminal Code, that is, according to actually
performed actions and socially dangerous consequences. If a socially dangerous act has
a strong-willed moment of the legal criterion of insanity, when the person could realize an
actual nature and social danger of his actions (inaction), but could not control them, the offense
should be qualified according to the object and an objective side of crime, provided by
the norm of the Special Part of the Russian Criminal Code, realized by mentally disordered
persons. However, in practice mistakes are made due to an incorrect understanding: 1) intellectual
moment of the legal criterion of insanity which means that the person is not able to
recognize social danger and the actual nature of the committed action (inaction); 2) strongwilled
moment of the legal criterion of insanity which means that the person is not able to
control his actions.