The effect of insanity on criminal capacity in Criminal Law

In today' s World, almost in all modern penal law systems, the base of the criminal responsibility since a committed act which has been constituted by the committing will of perpetrator. Although the perpetrator has the power to act in accordance with the rules of criminal law in the manner prescribed by these rules, the will of violating the law leads to his social denunciation. With this denunciation the punishment is opened in order to attitude which has carried out by perpetrator. The reason of condemn of punishment sanction for this behavior is to acted culpable by perpetrator. For the perpetrator is able to act culpable, he or she needs a number of features. In penal law systems these features are defined as criminal capacity concept. As a rule all individuals in society may act culpable. However, penal law regulation (the order of penal law) has pointed as an exception in people groups out peoples' behavior who are not capable of conduct in accordance with the rules of law. One of exception groups is the mental disease too. Thus, people who have mental disease deprive of perception of intendment of law and results of their behaviors or conduct their behaviors in accordance with the rules of law. That's why, mental patients could not been punished because of their acts or they have been diminished punished according to an ordinary people. In this way, mentally ill offenders who could not been punished in penal law systems, the implementation of measures with therapeutic content has been envisaged. The reason for taking these measures, a crime has been committed by mentally ill offenders are also a danger to commit similar crimes because of their illness in their rest of life. By treating mentally ill offenders, it is tried to prevent dangerousness of these people. The subject of this study is concept of "mental illness" as a effecting reason of culpability. For this reason study includes culpa, culpability, preventive measures for mentally ill offenders within the scope of articles 32 and 57 of the Turkish Criminal Code.