Restrictive Measures That Follow an Acquital by Reason of Insufficient Mental Capability in the System of Criminal Law Legal Consequences

TitleRestrictive Measures That Follow an Acquital by Reason of Insufficient Mental Capability in the System of Criminal Law Legal Consequences
Publication TypeUnpublished
AuthorsFrisch, W
Abstract

This paper makes an in-depth analysis of the nature and role of the measures that follow an acquital by reason of insufficient mental capability, tracking their historical evolution and scrutinizing the question of their legitimacy and limits in democratic states. The conceptual and systematic implications of these measure for the concepts of punishment and crime are also studied.