While mental disorders have become a pawn when people commit murders or violence, attorney Assem Al-Mulla proved: “The proof of criminal responsibility for whoever claims mental illness or afflicted with it is entrusted to the forensic medical committee, in three cases, which are: The perpetrator is insane or afflicted with several disorders. Psychiatric or pretending mental illness ».
Confirm morbidity
In order to confirm that the person has mental illness or not, this person is referred for examination by the forensic medical committee, to mental institutions, for a realistic examination of the patient.
Meaning that the patient stayed with them for two or three days, and put him under certain tests in order to determine criminal responsibility.
Three cases
Al-Mulla continued: “The decision issued by the Sharia Medical Committee in the matter of criminal responsibility is in three cases, namely: that the person is insane, secondly, that the person is aware of the daily behavior, but is not aware of the subject of committing crimes, and he cannot distinguish between true and false , And Al-Mulla indicates that he is often afflicted with several complex psychological disorders and diseases, and the third is for the person to pretend that he is ill or mentally ill and is in fact healthy.
The Committee''s decision
Al-Mulla explained: “Based on the report issued by this committee, criminal responsibility is determined, and for the first case, Majnun, it is not referred to the court in accordance with the jurisprudential and Sharia provisions, but if the case is murder, then the duty is blood money only and paid by his family, and the case The second is for the forensic medical committee to state that he is partly accountable and referred to the court for partial punishment for what he committed, while the third, he is referred immediately to the court and the penalty for attempting to mislead the authorities is added to it.
Parental accountability
Al-Mulla added: “With regard to the role of the family for if this person is a“ juvenile ”, i.e. less than the legal age, then his guardian is responsible for him according to Sharia and law, and he is held accountable for negligence and not for the crime, but if the person is an adult, the responsibility is denied to them by informing the guardian, The emirate of the region, and then issues a decision to deposit him in mental institutions and not leave until he is treated.
Hurting others
A member of the Association for the Protection of the Family, Dr. Samira Al-Ghamdi, stated: “The possibility of harming some psychotic patients, not all, themselves or others is possible.
She pointed out that when the perpetrator is brought before the psychological forensic medical committee, they can distinguish his sincerity from his lie.
Social Responsibility
Al-Ghamdi stressed: “The social responsibility when noticing any psychological defect is not limited to parents only, but extends to relatives or acquaintances, and even in the work environment.”
Lawyer Al-Mulla stressed the importance of social responsibility for community members. In the event that a crazy person is found in the street or a person with a certain behavioral disorder, security personnel must be immediately informed of this person.
Cases provisions
The crazy person
Responsibility for him shall be excluded, he shall be referred to a mental hospital, he shall be seized, and shall not be released.
A person suffering from multiple mental illnesses shall be referred to court for partial punishment for what he committed.
A person demonstrating mental illness is referred immediately to the court, and the penalty will be added to him for attempting to mislead the authorities.
