Legislator's criminal thought regarding patients with mental disorders on the new Bill of the protection of the rights of people with mental disorders

Document Type : Original Article


1 Ph.D., Department of Criminal Justice and Criminology, Faculty of Humanities, Bu-Ali Sina University, Hamadan, Iran

2 Master's student, Department of Criminology, Faculty of Humanities, Bu-Ali Sina University, Hamadan, Iran


statement of the problem: society and criminal system, in pursuit of the goals they seek to fulfill by indicting criminals and punishing them, sometimes encounter people who do not have a normal mental state in any of the situations of being in the society or in the different stages of committing a crime until the end of the punishment, and this issue makes challenges for the realization of these goals possible. In the current situation, apart from the medical and psychiatric guidelines, there are no comprehensive regulations that include a mechanism for identifying, introducing, guiding, treating people with mental disorders and protecting their rights against the guardians and duties they have towards them, and on the other hand, determining the status of judicial authorities in dealing with them, or they do not have the necessary comprehensiveness. Consideration of the provisions of the new bill as far as it is related to the patients and their rights in the criminal process has been considered in writing this article.
Research method: The present article is taken from the library research method in its first speech and from the analytical-descriptive method in the other speeches.
Research findings: The new bill, while innovating in some of its regulations, has tried to fix the existing deficiencies, but it faces challenges in terms of the efficiency and the possibility of applying those regulations.