Volume 20, Issue 61 (4-2026)
MLJ 2026, 20(61): 407-421 |
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Mohammadtaghipour A H, Karam F R , N S B A R S, Sheikh Bagloo N, Salim A R. Adjudication of Offences Committed by Persons with Bipolar Disorder in the Iranian Legal System: A Comparative Perspective
on the Common Law Approach. MLJ 2026; 20 (61) :407-421
URL: http://ijmedicallaw.ir/article-1-2070-en.html
URL: http://ijmedicallaw.ir/article-1-2070-en.html
Amir Hossein Mohammadtaghipour1 
, Farman Ravan2, Nadereh Sheikh Bagloo3, Ali Reza Salim Karam *2 
, Nadereh Sheikh Bagloo3 , Ali Reza Salim4
, Farman Ravan2, Nadereh Sheikh Bagloo3, Ali Reza Salim Karam *2 , Nadereh Sheikh Bagloo3 , Ali Reza Salim4
1- Department of Law, Science and Research of Fars, Islamic Azad University, Shiraz, Iran.
2- . Department of Law, Maragheh Branch, University, Islamic Azad University, Maragheh, Iran.
3- Department of Law, Hamedan Branch, University, Islamic Azad University, Hamedan, Iran.
4- Department of Law, Ahar Branch, University, Islamic Azad University, Ahar, Iran.
2- . Department of Law, Maragheh Branch, University, Islamic Azad University, Maragheh, Iran.
3- Department of Law, Hamedan Branch, University, Islamic Azad University, Hamedan, Iran.
4- Department of Law, Ahar Branch, University, Islamic Azad University, Ahar, Iran.
Abstract:
Background and Aim: Under fundamental principles of criminal law, the absence or impairment of any constituent element of an offence at the time of its commission may preclude the imposition of criminal punishment. This principle is expressly recognized in the criminal laws of many jurisdictions. Nevertheless, complex procedural requirements may, in practice, undermine the effective application of such substantive rules. This study aims to comparatively examine the procedural treatment of offences committed by persons with bipolar disorder in the Iranian legal system and the Canadian common law system.
Method: This descriptive-analytical study examines offences committed by persons diagnosed with bipolar disorder, with particular emphasis on the procedural and substantive implications of mental disorder for criminal responsibility.
Ethical Considerations: Honesty, integrity, and fidelity to scholarly principles were observed throughout all stages of the study.
Results: In Iran, the practical application of Article 149 of the Islamic Penal Code is subject to significant difficulties, particularly because scientific and forensic psychiatric findings may not be accorded decisive evidentiary weight at the appellate and cassation stages and because the relationship between judicial knowledge and legally admissible evidence must be established. Moreover, the criminal justice system does not adequately recognize the absence of criminal responsibility as an impediment to the realization of criminal liability at the procedural stage. Consequently, even where the absence of criminal capacity at the time of the offence is established, ordinary procedural proceedings may continue, while punishment is ultimately not imposed. This approach imposes unnecessary costs on the judicial system.
Conclusion: In Canada, the common-law criminal justice framework has developed specialized procedural mechanisms for addressing mental disorder in criminal proceedings. Under the Canadian Criminal Code, courts may order assessments of an accused’s mental condition to determine fitness to stand trial and whether the accused was suffering from a mental disorder at the time of the offence so as to be exempt from criminal responsibility. Where the statutory requirements are satisfied, the court may render a verdict of not criminally responsible on account of mental disorder rather than impose a criminal conviction. This framework provides a structured mechanism for incorporating forensic psychiatric evidence into criminal adjudication and may contribute to a more effective and proportionate administration of criminal justice.
Please cite this article as:
Mohammadtaghipour AH, Karam Ravan F, Sheikh Bagloo N, Salim AR. Adjudication of Offences Committed by Persons with Bipolar Disorder in the Iranian Legal System: A Comparative Perspective on the Common Law Approach. Medical Law Journal. 2026; 20: e27.
Method: This descriptive-analytical study examines offences committed by persons diagnosed with bipolar disorder, with particular emphasis on the procedural and substantive implications of mental disorder for criminal responsibility.
Ethical Considerations: Honesty, integrity, and fidelity to scholarly principles were observed throughout all stages of the study.
Results: In Iran, the practical application of Article 149 of the Islamic Penal Code is subject to significant difficulties, particularly because scientific and forensic psychiatric findings may not be accorded decisive evidentiary weight at the appellate and cassation stages and because the relationship between judicial knowledge and legally admissible evidence must be established. Moreover, the criminal justice system does not adequately recognize the absence of criminal responsibility as an impediment to the realization of criminal liability at the procedural stage. Consequently, even where the absence of criminal capacity at the time of the offence is established, ordinary procedural proceedings may continue, while punishment is ultimately not imposed. This approach imposes unnecessary costs on the judicial system.
Conclusion: In Canada, the common-law criminal justice framework has developed specialized procedural mechanisms for addressing mental disorder in criminal proceedings. Under the Canadian Criminal Code, courts may order assessments of an accused’s mental condition to determine fitness to stand trial and whether the accused was suffering from a mental disorder at the time of the offence so as to be exempt from criminal responsibility. Where the statutory requirements are satisfied, the court may render a verdict of not criminally responsible on account of mental disorder rather than impose a criminal conviction. This framework provides a structured mechanism for incorporating forensic psychiatric evidence into criminal adjudication and may contribute to a more effective and proportionate administration of criminal justice.
Please cite this article as:
Mohammadtaghipour AH, Karam Ravan F, Sheikh Bagloo N, Salim AR. Adjudication of Offences Committed by Persons with Bipolar Disorder in the Iranian Legal System: A Comparative Perspective on the Common Law Approach. Medical Law Journal. 2026; 20: e27.
Keywords: Criminal Responsibility, Bipolar Disorder, Criminal Procedure, Forensic Psychiatric Evidence, Evidence, Common Law
Type of Study: Original Article |
Received: 2026/04/3 | Accepted: 2026/05/19
Received: 2026/04/3 | Accepted: 2026/05/19
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