Master'sOpen Access

Security measures applied to partially mental patients

2024
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Advisor: Dr. Öğr. Üyesi Çiler Damla Bayraktar

Abstract (EN)

Numerous fields, including psychology, medicine, and law, deal with mental health issues. According to us, it is appropriate to look at the accountability of mentally ill people in the framework of criminal law in our study. Because of this, "criminal responsibility of the mentally ill in criminal law" serves as the foundation for our research. But not every mental disorder carries the same consequences in terms of criminal responsibility. For this reason, the Turkish Penal Code governs mentally sick people under Article 32, which is divided into two articles. The first paragraph of the rule regulates the scenario in which the person's mental illness "completely eliminates the criminal responsibility"; the second paragraph regulates the situation in which the person's criminal liability is "partially eliminated" but not entirely erased. In terms of medical and criminal law, the first of these scenarios is the one that is addressed the most. On the other hand, these teachings do not address the second scenario. Because of this, we address "partially mentally ill perpetrators" in the second scenario within the parameters of our study. Our framework for handling these offenders consists of the mental health-specific security protocols. Our work has been titled "Legal Consequences of Security Measures Applied to Partial Mental Illness" as a result. Examining the thesis's scope in more detail reveals that the security measures unique to these patients and their ramifications fall under the category of "partially mentally ill," which is created by mental illness that minimizes but does not entirely eliminate a person's capacity to defect. It should be noted, nevertheless, that even though the second paragraph of the TCK Article 32 regulation is the topic of our thesis, both paragraphs have been examined. This is because the second paragraph makes reference to the first paragraph. First and foremost, in this context, the first chapter discusses the "ability to understand" and "ability to will" that are stipulated by the legal regulation for fault ability, as well as the fault ability of partially mental patients and theories regarding fault ability in accordance with the principle that "there is no punishment without fault." The symptoms and diagnosis of mental diseases in medical science are examined in the second chapter, with consideration given to the American Psychiatric Association's "DSM-5" categorization system. At this point, common mental diseases are highlighted and stated, particularly in relation to criminal law, and sample court rulings are provided. The final section discusses the Turkish Penal Code article 57/6's security measures and sanctions for patients who are just partially mentally ill. The circumstances in which security measures may be applied to patients who are only partially mentally ill as well as the objections raised by the legal restrictions in the theory fall within the purview of this review.

Author

Dr. Ayşe Miray Altay

How to Cite

Ayşe Miray Altay (Master Thesis). Security measures applied to partially mental patients, 2024, Ankara Social Science University.

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