期刊名称：Drustvena istrazivanja. Journal for General Social Issues
印刷版ISSN：1330-0288
出版年度：2003
卷号：12
期号：1-2 (63-64)
页码：247-258
出版社：Institute of Social Sciences IVO PILAR
摘要：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. Thus a universally acceptable concept of diminished responsibility could be created for application in the future International Criminal Tribunal based on the regulations of Roman Statute. Among the greatest deficiencies of the actual solutions the author emphasizes: imprecise definition of the term "abnormality of mind", giving unreasonably great significance to biological causes of psychiatric disorders, restriction of the application of the institute "diminished responsibility" only to murders, too much judicial freedom in the nonacceptance of forensic psychiatric assessments, too close ties between the degree of diminished responsibility and specific diagnostic category, and insufficiently neutral position of the expert engaged by one or the other of the opposing parties. Conclusively, the author suggests formation of an international expert committee which would create the final draft of legal regulations about diminished responsibility and irresponsibility for the permanent International Criminal Tribunal.
