PROBLEMS DIMINISHED RESPONSIBILITY IN CRIMINAL LAW
Introduction to the Criminal Code provisions governing criminal consequences of committing a crime sane person suffering from a mental disorder, in part which deprived the ability to realize the actual nature and degree of public danger of the acts committed or to the leadership of such an act, linked to form a regulatory framework that It would provide a highly equitable criminal sentencing. Many experts, psychologists engaged in the consideration of the nature forms the border even temperament (choleric, melancholic) as a mental condition that can affect the conscious-volitional component of the behavior of the person. Therefore, there is a need to establish a more specific typology mental states. In this paper, attention is devoted to the institution of insanity in the criminal law of the Russian Federation, carried out a comprehensive analysis of the theoretical and practical aspects of diminished responsibility of the offender. From the jurisprudence shows that virtually every time the courts recognize the existence of the person who committed the criminal act of mental disorder mitigation of punishment. Doing this allows the courts to the open nature of the list of mitigating circumstances, which is enshrined in Article 61 of the Criminal Code. In particular, the Plenum of the Supreme Court in its ruling «On the Criminal Court of punishment» from 11.06.1999, the number 40, it was noted that the said article of the Criminal Code does not limit the list of mitigating circumstances, criminal penalties. The results of this study suggests the awareness of existing requirements that have been specified in detail the medical and legal criteria for using rules «diminished responsibility». Consideration by the court in criminal sentencing mental disorder not excluding sanity as a mitigating circumstance, for example in a situation where this mental abnormality plays a decisive role management, which has absorbed the total chain of causation between the criminal activities and criminal result.