Subjective features of a criminal act committed by an insane perpetrator

Abstract

This paper concerns the subjective features of a criminal act committed by an insane perpetrator. This problem has been discussed in the Polish doctrine of criminal law on a number of occasions, but no clear answers to some crucial questions has been offered. Thus the attempt to highlight the main concerns and their possible solutions. The issues under review include the essence of insanity, the issue of recognising an insane perpetrator’s behaviour as an act in criminal law, the voluntary commission of the act, and, finally, the possibility of attributing mens rea to an insane perpetrator.