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A New Perspective on Safety Measures Imposed on Mentally Retarded Criminal Offenders

Author

Listed:
  • Iuliana Hunea

    (Ph.D student in Pathophysiology at the University of Medicine and Pharmacy "Gr. T. Popa" Iaşi, Romania; MD in Forensic Medicine, Institute of Legal Medicine Iaşi, Romania)

  • Tatiana Iov

    (Ph.D, University of Medicine and Pharmacy "Gr. T. Popa" Iaşi, Romania; MD in Forensic Medicine, Institute of Legal Medicine Iaşi, Romania)

  • Simona-Irina Damian

    (Department of Forensic Medicine, Gr. T. Popa University of Medicine and Pharmacy, Iasi; The Institute of Forensic Medicine, Iasi)

  • Nona Gîrlescu

    (Ph.D student in Forensic Medicine & Assistant Professor at the University of Medicine and Pharmacy "Gr. T. Popa" Iaşi, Romania; MD in Forensic Medicine, Institute of Legal Medicine Iaşi, Romania)

  • Anton Knieling

    (Associate Professor PhD Faculty of Medicine, University Gr. T Popa, Iaşi, Romania & Faculty of Law of Al. I. Cuza University from Iaşi, Romania; MD in Forensic Medicine, Institute of Legal Medicine Iaşi, Romania)

  • Diana Bulgaru-Iliescu

    (Professor PhD, Faculty of Medicine, University Gr. T Popa, Iaşi, Romania & Faculty of Law of Al. I. Cuza University from Iaşi, Romania; MD in Forensic Medicine, Institute of Legal Medicine Iaşi, Romania)

Abstract

Safety measures are both a way of isolating the person who committed a criminal offence from society, with the purpose of protecting citizens, and at the same time a form of protection for the perpetrator, against whom the most appropriate measures are taken - from from the point of view of the the criminal justice system - in consideration of their particular situation. Among the categories of perpetrators to whom safety measures are addressed, those with mental retardation represent a specific category in that, unlike other psychically ill offenders, their degree of perceiving the consequences of their actions and their own guilt is extremely low, and sometimes it is even impossible for them to understand the significance of their own deeds. The present article aims to highlight the specific elements of safety measures imposed on mentally retarded criminal offenders from a theoretical perspective, analyzing the concepts of deviance and delinquency by correspondence with irresponsibility.

Suggested Citation

  • Iuliana Hunea & Tatiana Iov & Simona-Irina Damian & Nona Gîrlescu & Anton Knieling & Diana Bulgaru-Iliescu, 2019. "A New Perspective on Safety Measures Imposed on Mentally Retarded Criminal Offenders," Logos Universalitate Mentalitate Educatie Noutate - Sectiunea Drept/ Logos Universality Mentality Education Novelty - Section: Law, Editura Lumen, Department of Economics, vol. 7(2), pages 30-44, December.
    • Handle: RePEc:lum:rev13d:v:vii:y:2019:i:2:p:30-44
    DOI: https://doi.org/10.18662/lumenlaw/25
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    More about this item

    Keywords

    Safety measures; mental retardation; offender; irresponsibility; deviance; delinquency; criminal offence;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

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