在文莱的双重刑事诉讼系统中管理精神障碍罪犯:挑战和可能的解决方案
Nehaluddin Ahmad1, Ummi Fai'zah Abdul Rahman2, Danish Iqbal Ariffin1
1Sultan Haji Hassanal Bolkiah Faculty of Law, Universiti Islam Sultan Sharif Ali, Bandar Seri Begawan, Brunei.
Criminal behaviour and mental health : CBMH
|February 12, 2026
概括
文莱是文莱的一个国家.
科学领域:
- 法医精神病学 法医精神病学
- 法律研究 法律研究
- 心理健康法 心理健康法
背景情况:
- 文莱的双重法律体系结合了普通法和伊斯兰教的框架.
- 在这种双重系统中,管理患有精神障碍的犯罪者带来了独特的挑战.
研究的目的:
- 检查文莱对精神障碍罪犯的管理.
- 识别心理健康与法律交叉的结构和程序上的困难.
- 为文莱的机构环境提出改革建议.
主要方法:
- 相关法规的教义和比较法律分析.
- 审查关于适合辩护,精神错乱和专家证词的规定.
- 考虑伊斯兰法律学概念和对英格兰和威尔士的比较参考.
主要成果:
- 缺乏专门的法医精神病医疗设施,阻碍了评估和治疗选择.
- 在Sharī'ah刑事程序中缺乏专门的精神病学评估机制.
- 监禁审查和治疗同意的法定保障缺乏发展.
- 由于缺乏法医精神病学专业,对专家证人的受理性存在不确定性.
结论:
- 机构的分散性阻碍了对心理能力考虑的有效实施.
- 提出立法改革,法医精神病学能力的发展和结构化的专家指导.
- 倡导加强保障措施和为符合权利的管理提供国家咨询框架.
相关概念视频
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