المسؤولية الجىائية للمريض العقلي في التشريع الجزائري

Abstract

Research Problem: The main problem of the study revolves around questioning the extent to which Algerian legislation has succeeded in addressing the criminal liability of the mentally ill, and its approach to striking a delicate balance between protecting society from criminal dangerousness on the one hand, and ensuring the healthcare rights of the incapacitated patient on the other, especially in light of the practical and procedural challenges of the institutionalization process. Study Objectives: This study seeks to analyze the legal and psychological impact of mental disorders on the elements of discernment and free will, and to evaluate the medical and judicial mechanisms for proving them. It also aims to examine the offender's transition from the retributive penal system to the system of precautionary measures (judicial placement), and to assess the practical application of legal texts within hospital institutions to provide solutions that elevate the system.  Study Methodology: To address the research problem, the study primarily relied on the descriptive approach to clarify and define medical and legal concepts, and the analytical approach to deconstruct legislative texts (particularly Article 47 of the Penal Code and the amended and supplemented Health Law 18-11) and their associated judicial precedents, while utilizing some applications of the comparative approach. Results: The study concluded that proving mental impairment completely nullifies criminal liability due to the absence of criminal intent, but shifts the legal characterization of the accused towards criminal dangerousness, which necessitates treatment rather than punishment. The results also revealed the heavy procedural and administrative burden placed on General Organization Offices within hospitals, which strictly manage judicial placement deadlines to avoid committing the crime of arbitrary detention. Conclusions and Recommendations: The study concluded that there is a legislative grey area regarding cases of diminished criminal responsibility, in addition to terminological rigidity in the Penal Code compared to modern medical developments. Accordingly, the study recommends:1. Purging the Penal Code of obsolete terms (such as insanity) and aligning them with the updates in the amended and supplemented Health Law 18-11. 2. Establishing a Psychiatric Enforcement Judiciary system as a specialized body to monitor this category. 3. Digitizing the interconnection and correspondence between judicial authorities and psychiatric hospitals to expedite procedures.4. Activating post-release social care networks for patients recommended for discharge to ensure they do not relapse.