Dr. Nofal Ali Abdullah Al Safo
Professor of Criminal Law Faculty of Law Co – University of Mosul

Abstract:

The developments in medicine and the expansion of scientific research has proved the existence of cases of infection with mental disabilities are not conducive to have cognitive or choose fully depends impact on the erosion of one or both, which leads to the result to the emergence of a range of people with mental mediating in mental talents between the mind and the lack thereof of any these community members have a degree of discrimination is not up to the degree of rational people do not cease to exist, as in the case of lunatics and this case defines mental retardation, which means the lack of reason and palaces, and a lesson in the area denied criminal responsibility or decrease is through the impact that the defect or mental disability or psychological regardless of its name or description, van that would weaken the mind severely as the patient loses his ability to perceive what his actions or the face of error so as to make the law does not count the elements available responsibility has not have legal value as a result of lack of awareness or choice or the acute shortage in them, the patient refrain from criminal responsibility and enjoy little of cognitive or choice, but without are required by law to esteem him, but if he would weaken the mind and mental retardation in a manner lacking only awareness, it is considered one of the causes loss responsibility and mitigation of punishment. It is intended to mental retardation lack of growth of the mind and the development and maturity leads to a lack of intelligence even unable minus the mind to live independently by himself or to protect itself against the risk and others exploit him, and reasons leading to infection by multiple each afflict the fetus and some of them lead to the injury of the child after birth, and that mental retardation is not one degree, in all cases, but be on the levels or varying degrees depending on the level of intelligence enjoyed by the person, and that mental retardation is different from the case of madness as the respective causes, types, symptoms, and the patient with mental retardation has a ratio of cognition and discrimination whatever I is not up to the point of madness, which leads to lack of reason, as in the case of complete madness. And that the Iraqi legislature has adopted a mixed biological criterion – psychological in determining the standard of insanity inhibitor of criminal responsibility, which is the standard requires the availability of satisfactory bidder on the one hand, and Avdaúh to the absence of criminal and civil lack the legal value of the will on the other hand, Valjnon or disability of mind is not in itself an obstacle from criminal liability if not entail each complete loss of elemental civil and criminal cognition and the will or one-time commission of the act is not the place for excluding criminal responsibility, and the requirement for excluding criminal responsibility by reason of insanity or disability of mind to be crazy or disability of mind denying criminal civil, and be crazy or disfiguring contemporary mind to commit the act. As for the scholars of Islamic law Ivaqgua that the madness that destroys cognition does not allow the forbidden act, but the consequent contemporary madness crime raise the penalty for the offender to a lack of perceptible, but this exemption from criminal punishment does not absolve him of civil liability, either lack of awareness, it is not exempt from punishment according to the general rules of the law, some have gone to it leads to mitigation of punishment as actor excused, while others see more severe punishment in order to deter such people from committing crimes.

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