Sanity is in criminal law known as presumption, which means that there is no need to prove it during
the course of the criminal proceedings. Modern criminal law builds on the philosophical basis of a
man who in his essence is endowed with free will. The presumption of sanity can be excluded by the
perpetrator’s mental abnormality in the form of criminal law institute named insanity which is the one
of the reasons for exclusion of the perpetrator’s fault. Criminal law therefore deals with the study of
the individuals mental health and this is why we can detect many various issues in case law which
criminal law can answer only with the help of forensic psychiatry. My master's thesis is therefore intended for a comprehensive examination of the criminal law institute
of insanity from perspective of the theory and through the analysis of the case law in Slovenia. My
work also analyze media reporting in relation to the trials of insane perpetrators, knowledge and
opinion on the institute of insanity in the general public through the conducted survey.
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