Impact of mental Illness on intolerance of Punishment (Cases Referred to Hamedan Forensic Medicine)

The convicted mental illness is one of challenging issues in criminal law that requires the formulation of rules that require consultation with experts in the psychiatry and the use of their skills. Iran's criminal policy has ignored this issue and the consequence is that the notion of insanity in sentencing regulations remains condemned, along with some of the mental illnesses that are aggravated or delayed by punishment.

The present study uses a combination method (descriptive-analytical and field). Initially, the data were collected from the library method, then the field research was conducted through qualitative method (case study) in the form of reviewing 70 cases referred to the Psychiatric Commission of Hamadan Forensic Medicine General Directorate during a specified time interval and interviews with specialists. Commission comments were entered into SPSS software and output was analyzed inferential.

The common denominator of the definitions of scholars, jurists, law scholars, and some psychiatrists of insanity is the corruption of reason, and in conjunction with the psychic sciences, this concept encompasses a set of mental disorders that deprive the patient of understanding and distinction.

Despite the criminal law's reference to insanity in the post-trial period, the term does not apply to convicted offenders, and according to experts, mental illness in general leads to impunity when it is feared that punishment slows the healing process, exacerbates the symptoms of the disease, or Injury to a person convicted of himself or others.