Naslov
The criminal responsibility of high-functioning autistic offenders in Croatia

Autori
Bošnjak, Mladen ; Jurjako, Marko ; Malatesti, Luca

Izvornik
Balkan journal of philosophy (2367-5438) 14 (2022), 2; 137-148

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
High functioning autism ; cognitive and volitional capacities ; Criminal responsibility ; Executive functions ; Duress

Sažetak
This paper investigates, from a philosophical perspective, whether high functioning autists are legally responsible for the crimes they may commit. We do this from the perspective of the Croatian legal system. According to Croatian Criminal Law, but also criminal laws adopted in many other countries, the legal responsibility of the person is undermined due to insanity when two conditions are satisfied. The first may be called the incapacity requirement. It states that a person, when committing the crime, suffers cognitive or volitional incapacities or limited capacities that are relevant for exculpation. The second, we may call the mental disorder requirement, which states that these exculpatory incapacities are due to the presence of a mental disorder. In this paper we focus on the incapacity requirement. The review of the studies on executive functions deficits associated with high- functioning autism suggests that many autists should not be held categorically responsible for the crimes they may commit. Nonetheless, we argue that these impairments in executive functions generally do not provide an unqualified excuse.

Izvorni jezik
Engleski

Znanstvena područja
Pravo, Filozofija

POVEZANOST RADA