BURDEN OF PROOF OF MENTAL DISORDERS IN THE CRIMINAL JUSTICE PROCESS

Mental disorders unable to accused in Enjoyment of the legal defenses and destruct mental attribution of an offence to him and Creation of criminal liability. With claim of mental disorder، creation of Responsibility is encountered with doubt and in order Performance of the presumption of innocence and the principle of equality of arms; public prosecutor shall prove mental disorders. In Iranian legal system is mentioned to Madness and drunkenness. Legal materials clearly determine the burden of proof drunk. About insanity، Legal materials and jurisprudence Refer to the need to investigating accused mental condition and the need to seeking expert opinion prove the existence of the disorder. Therefore، if the insanity claim is discussed by the defendant، judge required investigating to this claim Pre-judgment.