Mental retardation and its impact on criminal responsibility A Comparative Study

Section: RESEARCH
Published
Aug 4, 2025
Pages
247-314

Abstract

The developments in medicine and the expansion of scientific research have proven that there are cases of mental retardation that do not lead to loss of consciousness or choice in full, but their effect depends on detracting from one or both, which results in the emergence of a range of mentally injured mediate their intellectual property between the mind and its absence, that is, this community has its members a degree of discrimination does not reach the level of the wise and does not exist as in the case of the insane. This condition is known as mental retardation and is meant by lack of mind and shortness, and mental retardation at many levels, according to the IQ of mentally retarded, as it is on the types. Most criminal law scholars, as well as Islamic jurists, confuse madness with mental retardation and view both cases as being of the same substance, but medicine has shown that there is a difference between them in many ways.

References

  1. Sixth: Laws1 - Iraqi Penal Code No. (111) for the year 1969.2. Iraqi Criminal Procedure Law No. 23 of 1971.3 - Law to care for Iraqi events No. (76) for the year 1983.4. Iraqi Civil Procedure Law No. 83 of 1969.5 - Egyptian Penal Code No. (58) for the year 1937.6 - Jordanian Penal Code No. (16) for the year 1960.7. The Syrian Penal Code of 1949.8 - Moroccan Penal Code of 1963.9. Sudanese Penal Code of 1991.10. The French Penal Code of 1810.11. The new French Penal Code of 1992.12. Penal Code Italian Penalties.13. German Penal Code.14. Swedish Penal Code.15. The Swiss Penal Code of 1937.16. The Lebanese Penal Code of 1943.
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