Criminal Responsibility

The human society from far era to yet has no equal treat to mental offenders and the type of response to mentioned persons had been different proportionate to promotion in human knowledge. On epoch، mental disorder be assumed the persons who has the evil ghost and then enchases them on ships to search wisdom and knowledge. But، nowadays، in some societies the opinions is on that mental disorders، hinder the criminal responsibility and no that elimination of criminal responsibility; in Iran، the legislator/s also in a period had put the insanity and mental disorder in a same sort but in another period consider to proportionate disorder of understanding or the power of distinction or will and today also distinguishes the insane as a perpetrator of crime but without criminal responsibility. The present paper with analytical، comparative study، pay attention to this matter that mental disorders are vast sort which someone of them، made the person lack of responsibility and some other with partly responsibility and in some cases has no influence of persons. Also study this matter that the insanity mentioned in section 51 of Islamic criminal code of Iran has a difference with the concept and sense of insanity in psychologists and the legislator/s just pay attention to the level of insanity and no the sort of it.