OSVRT NA KONCEPT "SMANJENE UBROJIVOSTI" KOJI SE PRIMJENJUJE NA MEĐUNARODNOM KAZNENOM SUDU ZA PODRUČJE BIVŠE JUGOSLAVIJE
A REVIEW OF THE CONCEPT OF "DIMINISHED RESPONSIBILITY" APPLIED AT THE INTERNATIONAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

Summary/Abstract: Diminished responsibility is assessed at the International Criminal Tribunal for the Former Yugoslavia according to the English legislation, which allows for the application of this institute only in the case of indictment for the crime of murder if it is done in the state of "abnormal mind". As this concept differs essentially from the concept of diminished responsibility in other European countries – including all the states that emerged after the former Yugoslavia collapsed – its exclusive application by the International Criminal Tribunal for the Former Yugoslavia could considerably worsen the quality of the performance of all the lawyers and psychiatric experts from the continental part of Europe engaged by the Court. In the paper the author reviews critically the concept of diminished responsibility, which is being applied by the ICTY, and gives suggestions for the improvement of this concept in order to overcome the differences between the Anglo-Saxon and Continental models in psychiatric and legal assessments of diminished responsibility.

• Details
• Contents