Criminal Liability for Perpetrators of Crimes with Intellectual Disabilities

Abstract

This study aims to analyze criminal liability for perpetrators of criminal acts with intellectual disabilities and its implications for the criminal justice process. The research problem focuses on determining whether the condition of intellectual disability can be the basis for criminal reduction or the application of provisions regarding the non-imposition of a crime based on applicable legal provisions, as well as the role of expert testimony in helping to determine the perpetrator's ability to be responsible. This study uses a normative legal research method with a statute approach and a conceptual approach. Legal materials are analyzed qualitatively by referring to the provisions of laws and regulations and the concept of criminal liability. The results of the study show that the condition of intellectual disability cannot be automatically used as a reason for removal or mitigation of criminal penalties. The determination of criminal liability must be carried out individually by considering the condition of the perpetrator and its influence on the ability to understand and control behavior at the time of the crime. In the context of the National Criminal Code, Article 38 regulates the reduction of criminal offenses and/or actions for persons with mental and/or intellectual disabilities, while Article 39 regulates certain conditions that cause the perpetrator not to be criminally sentenced, but can be subject to action. In addition, expert testimony, especially forensic psychiatrists and psychologists, plays a role in providing a professional assessment of the perpetrator's intellectual condition and functional ability as a consideration in the judicial process. Nevertheless, the determination of criminal liability remains the authority of the judge based on the overall facts of the trial and the applicable legal provisions. Therefore, the handling of cases involving persons with intellectual disabilities needs to pay attention to individual assessments, the proper application of the law, and the fulfillment of the rights and proper accommodations for persons with disabilities in the criminal justice process.

Keywords: criminal liability, intellectual disability, responsible ability