Nonimputability

Nonimputability

 

in criminal law, a mental state in which a person cannot be held criminally liable.

In the USSR, both legal and medical criteria are used to define the state of nonimputability under criminal law. For a person’s criminal nonimputability to be recognized, it must be established that the person was not aware of the consequences of his or her actions or was unable to control such actions, and that chronic mental illness, temporary disruption of mental activity, feeblemindedness, or some other pathological condition was present. Where at least one of these pathological conditions prevails in combination with the facts of the case, as established by forensic psychiatric testimony, the court recognizes the accused to be not criminally liable. Mandatory medical measures, which do not constitute criminal punishment, may be applied to the accused by court order; such measures include placement in a general or special psychiatric hospital. Similar measures are applied in cases where the accused is criminally imputable at the time of commission of the crime but becomes mentally ill prior to sentencing.

References in periodicals archive ?
Erofeev's psychiatric experience was related to his treatment for alcoholism, but he also consciously fashioned himself a literary "mask of a madman." Finally, although the nonconformist nature of Siniavskiis works and his own denial that they reflected his personal views prompted accusations that he sought to provoke a diagnosis of nonimputability, he was recognized as sane and responsible for his actions and for the views expressed by his literary protagonists during his 1965 trial.
Yet they faced a regime fond of such binaries: the law differentiated between imputability and nonimputability, the psychiatrist between simulation and dissimulation, and ultimately, the state claimed the right to decide what was art and what was not.
It consists on a form of mediate authorship, whose peculiarity lies in the immediate author, who is not being under the dominion of duress, error or nonimputability, in other words, acting freely and with faithful representation of reality, is criminally punishable with the mediate author.