The effects of illness and psychological disorders on the course of criminal proceedings

Abstract

The behavior of the individual is subject to many factors, some of which are external, such as social, economic, and political conditions, and some of which are internal, such as psychological, mental, and health factors. These internal factors are reflected in his behavior and actions, resulting in the individual leaving the public order, which in the eyes of the law may constitute a criminal act that makes the person the subject of criminal prosecution. Then he is held criminally responsible, and the criminal case is initiated by filing a complaint from the plaintiff concerned against the accused in order to refer him to investigation and issue a ruling convicting or acquitting him. The procedures for the case with the mentally ill accused and the non-sick accused are the same, in terms of formality and objectivity However, the difference lies in the responsibility resulting from the results of the investigation, as criminal responsibility is based on awareness and choice, and the Iraqi legislator in the Code of Criminal Procedure in Article (236) exempted the accused who is unconscious from responsibility..