The Problem of Diminished Responsibility in Georgian Criminal Law

Abstract

The article emphasizes the problem of diminished responsibility in Georgian criminal law. The research pays attention to the historicalaspect of diminished responsibility and problem of free will in criminal behavior of a person with diminished responsibility.The article provides information about the list and characteristics of psychical anomalies and other circumstances that cause diminishedresponsibility. The research discusses the issue of relationship between the guilt and diminished responsibility. Accordingly, in author’sopinion, diminished responsibility includes all circumstances (except mental illness) that mitigate one’s guilt at the time of committingcrime, in spite of its causing grounds.At the same time, the article gives a new definition of diminished responsibility that differs from legislative definition.