An integrated model for criminal responsibility in action: How Swedish criminal law operates without an insanity defence

被引:0
|
作者
Bennet, Tova [1 ]
机构
[1] Lund Univ, Fac Law, Box 207, S- 22100 Lund, Sweden
关键词
LEGAL INSANITY; MENS-REA; CONVENTION; SWEDEN; RIGHTS; DISABILITIES; ABOLITION;
D O I
10.1007/s10609-024-09484-0
中图分类号
DF [法律]; D9 [法律];
学科分类号
0301 ;
摘要
In nearly all criminal justice systems, a defendant's severe mental disorder can trigger special rules that excuse or exempt the defendant. Swedish criminal law adopts an alternative approach that considers all defendants to be equal in terms of accountability, or capacity for responsibility, and lacks any rules that excuse or exempt a defendant with a severe mental disorder or disability. This paper presents the first comprehensive study of how Swedish criminal law functions without an insanity defence. The analysis focuses on the legal assessment of mens rea and offers observations regarding the Swedish model that are of particular relevance for discussions concerning the potential and pitfalls of an "integrated" model for criminal responsibility.
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页码:255 / 287
页数:33
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