“Not Guilty by Reason of Insanity”: Common Characteristics in Six Homicide Cases from Hatay, Turkey
Journal: Journal of Forensic Investigation (Vol.2, No. 4)Publication Date: 2014-12-30
Authors : Ibrahim Ortanca; Mehmet Hanifi kacya; Adnan Çelikel; Sumeyra Demirkiran; Cem Zeren; M. Mustafa Arslan;
Page : 01-03
Keywords : NGRI; Insanity; Homicide; Filicide; Hatay; Turkey;
Abstract
Not guilty by reason of insanity (NGRI) is a verdict issued in criminal cases whereby the defendant, is not held responsible for his or her criminal actions. The presence of mental illness is a necessity for the legal determinations of insanity. On the other hand the defendant might have a medically defined psychological disorder but still not be insane. Since it is a legal condition the defendant is evaluated by forensic mental health professionals with the appropriate tests according to the jurisdiction before the court’s decision [1]. Article 32 in the Turkish Criminal Code says: “A person lacking ability to perceive the legal meaning and consequences of the offense, or having considerably lost the capacity to control his actions due to insanity may not be subject to any punishment. However, security precautions are imposed for such individuals [2]. In Turkey, the decision is given according to the expert witness report of a committee of forensic psychiatrists and forensic medicine specialists who evaluates the defendant for several weeks in a health care institution.
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