CRIMINAL LIABILITY AS A CONDITION FOR THE EXECUTION OF THE CRIMINAL OFFENSE

Jetmire ZEQIRI, Agim BEQIRI

Abstract

Criminal liability arises from the moment the criminal offense is committed and ends or ceases when the legal relationship between the subjects, the state and the defendant ceases. In terms of criminal responsibility it is very important that it is only individual. Criminal liability ends when the prescribed period of serving the sentence expires, by applying educational measures, due to the change of circumstances, with the prescription of the criminal offense, amnesty and pardon. The institute of insanity presents sufficient interest, as much as unclear points. The uncertainty that characterizes the field, the fact that different thesis and orientations are radically at odds with each other, necessarily requires reflection, grounding and continuous proposals from the doctrine and practice as well. There are numerous uncertainties, especially those dealing with the impeachment of insane subjects and their final legal treatment. In terms of risks, we are dealing with an area where criminal law, inevitably, interacts with other disciplines (psychiatry), due to which lawyers must be careful not to infringe balances already established from both criminal and forensic sciences in solving cases of exemption from criminal liability because of a mental disorder.

Pages: 170 - 176