[Does the evaluation of affect crimes deal with a psychopathologic problem?]

Area of Science:

• Forensic Psychiatry
• Legal Psychology
• Psychopathology

Context:

• German legal reforms (sections 20, 21 StGB) concerning insanity defense.
• Ongoing debate on disease concepts and responsibility assessment in forensic psychiatry.
• Influence of Kurt Schneider and competing psychological theories.

Purpose:

• To discuss controversial issues in the assessment of criminal responsibility.
• To propose an integrating approach emphasizing psychopathological analysis.
• To develop a psychopathological reference system for legal categories.

Summary:

• The study addresses the reformulated German insanity defense (sections 20, 21 StGB).
• It critiques traditional disease concepts and explores alternative psychological perspectives.
• An integrating approach is proposed, focusing on psychopathological dysfunction during offenses.
• Empirical knowledge of mental states is crucial for assessing responsibility.
• Example criteria for "profound disturbance of consciousness" in crimes of passion are provided.

Impact:

• Informs legal and psychiatric professionals on updated approaches to insanity defense.
• Contributes to a more nuanced understanding of criminal responsibility.
• Facilitates more accurate assessments in forensic psychiatric evaluations.
• Provides practical tools for identifying specific mental states relevant to legal defenses.