Mental Illness and Criminal Law

 

The Effect of Mental Illness or Weakness on Criminal Responsibility

Criminal law requires certain conditions to be met in order for individuals to be held responsible for their actions. The most important of these is that the person "criminal capacity ." Criminal capacity refers to the perpetrator's ability to understand the legal meaning and consequences of their actions, to act freely, and to constitute the mental element of the crime. In the Turkish Penal Code (TCK), this issue is specifically Articles 32 and onwards, and special provisions are provided for crimes committed by individuals with mental illness or weakness.

What is Criminal Responsibility?

Criminal responsibility encompasses both the perpetrator's culpability and their capacity to be punished for their actions. Legally, for a person to have criminal responsibility:

1. The ability to grasp the legal meaning of an action (comprehension),

2. The ability to direct one's will (the power to make choices),

3. The individual's free will must not be restricted due to mental health or developmental reasons .

If any of these three elements are lacking, the perpetrator's criminal liability is either eliminated or reduced.

The Concept of Mental Illness

Article 32/1 of the Turkish Penal Code ; “No punishment shall be imposed on a person who, due to mental illness, is unable to comprehend the legal meaning and consequences of the act committed or whose ability to control their behavior in relation to that act is significantly diminished. However, a security measure shall be imposed on such a person.”

According to this provision, for the perpetrator to be punished, their mental illness must not have completely eliminated their ability to perceive or direct actions at the time of the crime. If the person is completely deprived of this ability at the time of the crime, no punishment can be imposed; instead, treatment and protective security measures are applied.

Mental illnessrefers to a psychiatric disorder that eliminates or significantly reduces a person's ability to comprehend the meaning and consequences of their actions or their volitional control over those actions. For example, disorders such as schizophrenia, paranoid disorder, severe depressive episodes, manic episodes, or epileptic psychosis can impair a person's ability to perceive and direct their actions at the time of committing a criminal act.

Mental Weakness and Criminal Responsibility

Article 32/2 of the Turkish Penal Code regulates the concept of "mental weakness." " A person who, due to mental weakness, is able to understand the legal meaning and consequences of the act committed but whose ability to control their behavior related to that act is significantly diminished, shall be punished; however, the punishment may be reduced by up to one-third. "

Intellectual disability encompasses conditions such as a person's mental development lagging behind their peers, or having low learning or comprehension skills.

• It does not completely eliminate criminal responsibility, just like outright mental illness

• The judge determines the extent to which the perpetrator's ability to control their actions has diminished through expert reports and applies a reduction in sentence accordingly.

For example, an individual who is 18 years old but whose mental development level is equivalent to that of a 10-year-old child may not fully grasp the legal meaning of the crime. In this case, a reduction in sentence due to "mental weakness" comes into play.

The Importance of Forensic Medicine Institute and Expert Reports

Courts typically obtain reports from the Forensic Medicine Institute (ATK) or university psychiatry departments to determine criminal responsibility

• These reports assess the perpetrator's mental state at the time of the crime.

• Individuals with mental illnesses requiring ongoing treatment "protective and therapeutic security measures" .

According to Supreme Court rulings, a psychiatric diagnosis alone does not eliminate criminal responsibility. What matters is whether the person's ability to perceive and direct their actions was impaired at the time the crime was committed.

Children and Criminal Responsibility

The concept of intellectual disability is also important for children. While children under the age of 12 do not have criminal responsibility, the ability of children aged 12-15 to understand the legal meaning of the act is assessed. The intelligence level or intellectual disability of a child in this age group is an important criterion in determining whether or not they have criminal capacity.

Examples from Supreme Court Decisions

The Supreme Court has developed numerous precedents related to mental illness or intellectual disability.

• The 1st Criminal Chamber of the Court of Cassation, Case No. 2018/5464, Decision No. 2019/1782: “A diagnosis of mental illness alone does not eliminate criminal responsibility; the mental state at the time of the crime must be supported by reports.”

• The 4th Criminal Chamber of the Court of Cassation, Case No. 2016/2345, Decision No. 2017/3241, stated: “Article 32/2 of the Turkish Penal Code should be applied in favor of the defendant whose ability to control their behavior is diminished due to mental weakness.”

The Supreme Court also mandates that a new report be obtained from the Forensic Medicine Institute's Expert Board if the reports are contradictory.

ECHR Case Law and Human Rights Perspective

The European Court of Human Rights (ECtHR) monitors the prolonged detention of mentally ill individuals in treatment centers under the right to liberty (Article 5 of the ECHR)

• Winterwerp/Netherlands Judgment: The ECHR emphasized the principle of "proportionality" in the precautionary detention of mentally ill individuals.

• Failure to strike a balance between fault and proper treatmentcan lead to human rights violations.

Problems Encountered in Practice

One of the biggest problems in practice is the inconsistency of reports. Reports from different institutions may sometimes contain different assessments. In such cases, courts request a report from the Forensic Medicine Institute's Expert Board for a more detailed examination.
Furthermore, keeping a person who lacks criminal responsibility in a hospital for an extended period the right to liberty . The European Court of Human Rights (ECtHR) requires that measures in such cases be proportionate and necessary.

Conclusion

Mental illness or mental disability is one of the most sensitive issues in modern criminal law. This is because it attempts to balance both individual liberty and public safety . Punishing someone who lacks criminal responsibility would be contrary to the concept of justice and would also fail to achieve the fundamental aim of criminal law: the rehabilitation of the offender.
Therefore, courts conduct meticulous assessments supported by expert reports and ensure the individual's treatment through security measures.

Gozdenur Turna