Jurisprudential-legal analysis of criminal liability in sexual crimes with the insane

 Establishing criminal liability requires the existence of conditions that the absence of any of them causes the deterioration of criminal liability and accordingly, the deterioration of the punishment of the crime perpetrator. According to Article 149 of the Criminal Code (approved in 2012), if the perpetrator has a mental disorder at the time of committing the crime, in such a way that he lacks willpower or discernment, he is considered insane and is not criminally responsible. However, in crimes against chastity, such as adultery and lewdness which depends on the actions of at least two people, if one of the parties to the relationship lacks the power of reason and intelligence and the other party is a wise and mature person, can a person who has the conditions of criminal liability, according to the insanity of the other party is he exempted from responsibility?

 The present study was compiled using a descriptive and analytical method and it was tried to investigate the effect of insanity of one of the parties to sexual crimes on the criminal responsibility of the other party (a sane and mature person) by examining the opinions of lawyers and jurists.

 There are two different views among lawyers and jurists about the effect of one of the parties’ insanity of the sexual crime on the liability of the other party. By analyzing and examining these two views, Proponents’ reason of the lack of this effect has been strengthened.