DETERMINATION OF SANITY IN HUNGARY - PRINCIPLES AND PRACTICE (FROM WHITE COLLAR CRIME - DETERMINATION OF LIABILITY, 1978, BY HANS GOEPPINGER AND HANS WALDER SEE NCJ-56992)

• NCJ Number: 56994
• Author(s): I HUSZAR
• Date Published: 1978
• Length: 11 pages
• Corporate Author: P O B 1304
• Publication Format: Document
• Language: German
• Country: West Germany (Former)
• Note: *This document is currently unavailable from NCJRS.

Annotation

THE NORMS FOR DETERMINATION OF MENTAL COMPETENCE ACCORDING TO HUNGARIAN LAW ARE DISCUSSED.

Abstract

BY HUNGARIAN STANDARDS, AN INDIVIDUAL IS REGARDED TO BE MENTALLY INCOMPETENT WHEN HE IS UNABLE BECAUSE OF MENTAL ILLNESS, RETARDATION, OR DISTURBANCES OF CONSCIOUSNESS TO RECOGNIZE THE SOCIALLY DANGEROUS CONSEQUENCES OF HIS BEHAVIOR; PENALTIES CANNOT BE IMPOSED FOR TOTAL INCOMPETENCE AND ARE REDUCED FOR PARTIAL INCOMPETENCE. ACCORDING TO A NEW RULING, VOLUNTARY INTOXICATION CANNOT BE USED AS GROUNDS FOR MENTAL INCOMPETENCE, UNLESS THE INTOXICATION IS OF AN UNUSUAL PATHOLOGICAL TYPE CHARACTERIZED BY SUCH INTENSE DISTURBANCES OF CONSCIOUSNESS THAT THE INDVIDUAL IS NO LONGER COGNIZANT OF THE CIRCUMSTANCES SURROUNDING THE ACT. TWO EXPERT MEDICAL-PSYCHIATRIC OPINIONS ARE SUBMITTED TO THE JUDGE WHO MAY SEEK FURTHER OPINIONS AT HIS DISCRETION. AS IN OTHER COUNTRIES, BORDER-LINE CASES CANNOT BE CATEGORIZED SATISFACTORILY: BIOLOGICAL CHANGES LEADING TO INCOMPETENCE ARE SO DIFFICULT TO DEFINE THAT THE CONCEPT OF MENTAL INCOMPETENCE HAS BEEN EXCESSIVELY EXPANDED. FOR CLARITY EXPERT OPINIONS SHOULD CONTAIN INFORMATION ON THE NOSOLOGICAL SYSTEM FOR DIAGNOSIS AS WELL AS ANALYSIS OF SPECIFIC SYMPTOMS. A 1972 DECISION OF THE SUPREME COURT ATTEMPTS TO RESOLVE THE PROBLEM OF FITTING VARIOUS PERSONALITY DISORDERS INTO THE THREE CLASSIFICATIONS NAMED (E.G., MENTAL ILLNESS, RETARDATION, AND DISTURBANCES OF CONSCIOUSNESS): PSYCHOPATHY MUST CAUSE THE INABILITY TO FUNCTION IN SOCIETY AND LEAD TO THE OFFENSE. IN THE CASE OF DISTURBANCES OF CONSCIOUNESS, ONE MUST ASK WHETHER, HOW, AND TO WHAT EXTENT THE INDIVIDUAL'S MENTAL STATE WAS ACTUALLY AFFECTED AT THE TIME OF THE ACT. IN HUNGARY THE RELATIONSHIP OF THE COURT PSYCHIATRIST TO THE JUDGE IS SUCH THAT THE PSYCHIATRIST MUST EVALUATE BIOLOGICAL CHANGES ON THE BASIS OF PSYCHIATRIC-PSYCHOLOGICAL KNOWLEDGE TAKING INTO CONSIDERATION THE OFFENSE, THE OFFENDER'S PERSONALITY, AND THE SITUATIONAL CIRCUMSTANCES IN A MANNER RELEVANT TO THE JUDGE'S DECISION. THE JUDGE MUST REVIEW THE CASE DATA, INCLUDING THE EXPERT OPINION, WHICH HE MAY THEN ACCEPT OR REJECT. A BIBLIOGRAPHY IS SUPPLIED. --IN GERMAN. (KMD)