Lėtinių ligų įtaka sąmoningai valiai

Abstract

The research presents selected chronic diseases due to their exclusivity – options of episodic course. A conscious free will and its value for human responsibility is analyzed in chapter. It interrelates with mens rea of the offence – insanity and fault, which justify the imposition of sanctions for intentionally caused consequences. Thus, the punishment is imposed on those who violate the law only if they are responsible for the acts they do that violate it.The criminal law principle of retribution provides an approach of understanding of responsibility and punishment. It is derived from the idea of moral responsibility for illegal acts. Penalty is seen as a desert for crime. This refers to a well-deserved punishment, when the culpability of the person is sought from mental condition. The concept of moral agency deems a necessary condition for liability. It leads that a personal action must arise out of the will, which is not affected by external events. The person alone is the original and thus ultimate cause of his or her actions and therefore of its consequences. However, if the man will start „a chain of causation“ that the first reason is deliberately unmotivated, in which case the person will not be responsible in terms of criminal law sense – insanity. This term will be applied to the occurrence of chronic diseases, when at the time of commission of the offence the person could not understand or control his actions due to a pathological mental disorder. The latter provision is established by Article 17 of the Criminal Code of the Republic of Lithuania.