Definition and Distinction of the Term Insanity
Die Insanity is a significant term in criminal and civil law and describes a state in which a person, due to certain mental or psychological disorders, is unable to recognize the wrongfulness of an act or to act according to such recognition. Insanity plays a decisive role in determining criminal responsibility, tortious capacity, and the liability of an individual in relation to criminal or liability-related actions.
Insanity differs from terms such as incapacity and contractual incapacity as it primarily focuses on the legal assessment of responsibility for unlawful actions.
Insanity in Criminal Law
Fundamentals according to Section 20 Criminal Code (StGB)
Under German criminal law, insanity is specifically regulated in Section 20 of the Criminal Code (StGB). According to this, a person acts without guilt if, at the time of the act, due to a pathological mental disorder, profound disturbance of consciousness, feeble-mindedness, or another severe mental abnormality, they are unable to recognize the wrongfulness of the act or to act according to such recognition.
Requirements
For insanity to be established, the following elements must be cumulatively fulfilled:
- Existence of a pathological inhibition: The aforementioned disorders or abnormalities must exist at the time of the offense.
- Impairment of the ability to understand or control: The person must either be unable to recognize the wrongfulness of their act (lack of insight) or unable to act according to this recognition (lack of control).
- Causality: The inhibition must be the causal factor for the commission of the act.
Courts often assess the presence of these requirements on the basis of psychiatric or psychological reports.
Distinction from Diminished Criminal Responsibility under Section 21 StGB
In addition to complete insanity under Section 20 StGB, criminal law also recognizes diminished criminal responsibility under Section 21 StGB. Here, the ability to recognize the wrongfulness of the act or to act accordingly is significantly, but not entirely, impaired. This may lead to mitigation of the sentence, but not to exemption from guilt.
Insanity in Civil Law
Relevant Regulations and Areas of Application
In civil law, the counterpart to insanity is incapacity for tortious liability pursuant to Section 827 of the Civil Code (BGB). Persons who commit a wrongful act while unconscious or due to a temporary disturbance of mental faculties are not liable for the resulting damage.
Permanent Contractual Incapacity
To be distinguished from this is general contractual incapacity, which is regulated in Section 104 BGB. People who are contractually incapacitated are unable to enter into valid legal transactions, while incapacity for tortious liability—thus insanity in the civil law sense—relates solely to liability for causing damage.
Childhood and Insanity
Children under seven years of age (Section 828 (1) BGB) are generally incapable of tortious liability. For minors between the ages of seven and eighteen, the law assesses the individual’s capacity for insight on a case-by-case basis.
Relevant Medical and Psychological Aspects
Pathological mental disorders and other causes
The mental disorders named in the statute include mainly chronic and acute psychiatric illnesses, schizophrenia, serious personality disorders, or severe intellectual disabilities. Acute states such as temporary unconsciousness, intoxication (e.g., due to alcohol or drugs), or epileptic seizures can also result in temporary insanity.
Expert Assessment
As a rule, an expert assessment of mental state and capacity for control at the time of the act is required. The court ultimately decides whether the requirements for insanity are met, with the expert serving only an advisory role.
Legal Consequences of Insanity
Criminal Law Consequences
If insanity is established, criminal responsibility and thus punishment are eliminated. However, the courts regularly examine preventive measures, such as placement in a psychiatric institution (Sections 63, 64 StGB), if the person concerned poses significant danger to the public.
Civil Law Consequences
In civil law, insanity means that claims for damages are excluded, since culpability as an element of the cause of action is lacking. In particular exceptional cases, such as with insurance claims or in comprehensive insurance law, differing claims may exist.
Significance in International Law
Insanity is also an important concept in other legal systems, though its design may differ. For example, in Austrian law, insanity is regulated in Section 11 StGB, and in Swiss law in Article 19 StGB. While the principles are similar, the medical and legal requirements are not interpreted identically everywhere.
Distinctions and Related Concepts
Incapacity
While insanity primarily applies in criminal law, incapacity generally describes a state of missing responsibility and is closely related to insanity.
Contractual Incapacity
In civil law, contractual incapacity—which refers to the ability to enter into valid legal transactions—is clearly distinguished from tortious or insane persons.
Diminished Criminal Responsibility
Diminished criminal responsibility under Section 21 StGB does not result in complete exemption from punishment but merely in a shift of the penalty range.
Summary
Insanity is a central legal concept in both criminal and civil law for determining responsibility for unlawful actions. It protects individuals who, as a result of severe mental disorders or other psychological impairments, are not able to fully recognize the wrongfulness of their actions or to act accordingly, from criminal and civil sanctions. The precise determination and evaluation are entrusted to the courts, with the assistance of appropriate experts. Alongside its national importance, the concept is gaining increasing influence in an international context and remains a focus of ongoing legal and medical debate.
Frequently Asked Questions
What are the consequences of a finding of insanity for criminal responsibility?
If insanity is established according to Section 20 StGB (Criminal Code), criminal responsibility is completely excluded. This means that the affected person may not be punished for the unlawful act, since blame is excluded due to a profound state of mental or psychological disorder. This applies even if all objective elements of the offense are fulfilled and the crime is proven to have been committed. In such cases, an acquittal is usually granted with respect to criminal punishment; however, under Section 63 StGB, so-called measures of rehabilitation and security (such as placement in a psychiatric hospital) may be imposed if the person is still considered dangerous.
Who assesses insanity in criminal proceedings?
The assessment of insanity is the responsibility of the trial court, which relies on expert reports. A psychiatric or psychological expert is instructed by the court to thoroughly examine the accused’s mental state at the time of the offense. However, the court is not bound by the expert report and may deviate from it based on its own conviction. Ultimately, the court always makes the final decision, exercising its judicial discretion, as to whether and to what extent insanity is to be accepted.
Can ancillary consequences be imposed despite insanity?
Although a penalty cannot be imposed when insanity is established, certain ancillary consequences may still occur. These include, for example, measures of rehabilitation and security under Sections 63 et seq. StGB, in particular placement in a psychiatric hospital or addiction treatment facility. Also, civil consequences such as claims for damages against the offender are not automatically excluded, as tortious capacity must be checked separately in civil law. An entry in the criminal record may also follow if a measure of rehabilitation and security is imposed.
Is the victim compensated if insanity is established?
A finding of insanity under criminal law has no direct impact on civil liability. Even if the offender cannot be convicted under criminal law, civil liability for damages caused is possible if the offender was tortiously capable. The Civil Code (BGB) independently sets out the prerequisites for civil liability. If tortious capacity is lacking (Sections 827, 828 BGB), i.e., comparable insanity exists, then no liability can arise under civil law as well. The victim may be eligible for compensation from so-called victim compensation funds or via special provisions.
What is the difference between diminished criminal responsibility and insanity?
While insanity (complete intoxication, most severe mental disorders, etc.) completely rules out criminal responsibility, diminished criminal responsibility under Section 21 StGB refers to a partial impairment of the ability to understand or control one’s actions. This means that, in principle, the offender remains criminally liable, but the court may reduce the punishment or impose special measures at its discretion. The key difference lies in the total removal (insanity) versus only partial reduction (diminished criminal responsibility), which mitigates the penalty but does not exclude liability.
What is the juvenile criminal law’s view on insanity?
The question of insanity is also important in juvenile criminal law. Here, the specific regulations of the Juvenile Courts Act (JGG) apply. For juveniles under 14, the law already presumes criminal incapacity. For those aged 14 to 17, it must be assessed whether the offender had sufficient capacity to understand the wrongfulness of the act at the relevant time (Section 3 JGG). If this is lacking, for instance due to mental disorders, insanity is presumed and no criminal sanction is imposed.
Can affected persons prove their insanity retroactively?
Proof of insanity is generally only relevant for the time of the act and must be furnished during the criminal proceedings. Evidence is provided through expert opinions and judicial evaluation of evidence. Subsequent determinations usually have no retroactive legal consequences for concluded proceedings, but may play a role in reopening proceedings (Section 359 Code of Criminal Procedure) if new facts or evidence make a pre-existing insanity at the time of the act credible.
