The Relationship Between Mental Disorders and Types of Crimes an Analytical Study with A Legal and Statistical Dimension

Lect. Dr. Ameer Hussein Aliwi Al-Akaishi

doi:10.37547/ajsshr/Volume05Issue07-13

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VOLUME

Vol.05 Issue07 2025

PAGE NO.

71-84

DOI

10.37547/ajsshr/Volume05Issue07-13

24

The Relationship Between Mental Disorders and Types
of Crimes an Analytical Study with A Legal and
Statistical Dimension

Lect. Dr. Ameer Hussein Aliwi Al-Akaishi

Najaf Technical Institute, Department of Forensic and Judicial Evidence Techniques, Iraq

Received:

22 May 2025;

Accepted:

18 June 2025;

Published:

20 July 2025

Abstract:

Mental disorders hold particular significance in the study of criminal behavior, as they represent health

conditions that impair thinking, perception of reality, and an indiv

idual’s ability to adapt to life circumstances.

Consequently, they influence human emotions and behavior. This study is based on the hypothesis that certain
types of mental disorders may be directly or indirectly associated with the commission of specific crimes, whether
violent, moral, or against public order. Due to the seriousness of this connection, our research aims to analyze the
relationship between mental disorders and certain types of crimes in an effort to understand how such disorders
may affect criminal behavior from both legal and statistical perspectives Mental disorders hold particular
significance in the study of criminal .The study also examines the legal frameworks governing the treatment of
individuals with mental disorders when crimes are committed, within a preventive and analytical context. The
goal is to present recommendations that contribute to the development of legislative and preventive policies,
based on the conclusions derived from the analysis. This highlights the need to review psychological assessment
mechanisms in criminal cases and strengthen cooperation between judicial and medical institutions, as well as
the necessity of establishing a national database for crime-related mental disorder cases.

Keywords:

Mental disorders, Criminal behavior, Forensic psychology, Crime and mental health.

Introduction:

Mental and psychological disorders play

a significant role in driving individuals toward criminal
behavior, especially in cases of psychotic and antisocial
personality disorders. However, the law deals with
these cases with caution, exempting mentally ill
individuals from full criminal responsibility in cases of
loss of awareness or will, while imposing therapeutic or
preventive measures to protect society. Statistics
indicate that a significant percentage of criminals with
mental disorders commit violent crimes, underscoring
the importance of understanding these disorders and
providing appropriate care for individuals suffering
from them.

First - Significance of the Research

Studying our research topic is important from both a
scientific and legal perspective. From a practical
perspective, the research enriches scientific knowledge
in forensic psychology and criminology by providing an

in-depth analysis of the relationship between
psychological and mental disorders and criminal
behavior. The research also provides a theoretical and
practical framework for understanding how these
disorders influence criminal decision-making. As for its
legal significance, the research presents an analysis of
the legal aspects related to the responsibility of
individuals suffering from psychological and mental
disorders when committing crimes. This may
contribute to developing legislation and laws that
address these issues more fairly.

Second: The Research Problem

The research problem revolves around studying the
relationship between mental and psychological
disorders and the commission of crimes. The study
seeks to understand how psychological and mental
disorders affect individuals' behavior and drive them to
commit criminal acts. The problem also includes an

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analysis of the legal, psychological, and social aspects
that contribute to explaining this relationship, in
addition to studying criminal cases committed by
individuals suffering from psychological and mental
disorders.

Third: Research Objectives

The research objectives are as follows:

1. Analyze the relationship between mental and
psychological disorders and criminal behavior by
studying clinical and statistical cases that link
psychological disorders to the commission of crimes.

2. Understand the legal aspects of dealing with the
mentally disturbed by reviewing Iraqi legal texts and
jurisprudential rulings that govern the responsibility of
the mentally disturbed for their criminal acts.

3. Providing statistics on the prevalence of mental
disorders among criminals: by analyzing statistical data
that demonstrates the percentage of criminals who
suffer from mental and psychological disorders.

4. Exploring psychological and biological theories that
explain criminal behavior: studying theories such as
Freud's and differential fusion theories.

Fourth: Research Methodology:

This study relies on descriptive and analytical
approaches, supported by statistical methods, to
monitor the relationship between specific types of
crimes and mental disorders. This helps extract
correlation patterns that help understand the
psychological aspects of criminal behavior.

Fifth: Research Plan:

We will address this research through two sections
preceded by an introduction. The first section will be
devoted to the nature of mental and psychological
disorders that lead to criminal behavior, which we will
divide into the following: The first section will address
the concept of disorders from a psychological
perspective. The second section will demonstrate the
impact of crime on the mental health of individuals
who do not suffer from mental disorders. The third
section will explain the biological theory of the causes
of criminal behavior. The fourth section will provide
statistical information on mental disorders.

As for the second section, we will devote it to the legal
restriction of crimes, in which we will address the
meaning of crimes and criminalization in the first
section. We will devote the second section to the texts
of Iraqi law related to the mentally ill. In the third
section, we will explain the rulings of jurists regarding
the mentally disturbed. Finally, in the fourth section,
we will address statistical information about the legal

restrictions on crimes. We will conclude our research
with a conclusion containing the most important
conclusions and proposals that we will reach.

Chapter One

The Nature of Mental and Psychological Disorders
Leading to Criminal Acts

We decided to gradually present the causes of criminal
acts from the emergence of personal awareness in
humans, focusing on their complexities and
dimensions. This is done by examining the context of
personality development and awareness within the
individual from a philosophical and psychological
perspective, while reviewing a set of theoretical views
attempting to explain this complex process (1). We will
then address the issue of mental and psychological
disorders, which vary in their classification and are
widespread across various medical and psychological
fields. They are addressed as factors that may stimulate
aggressive tendencies and justify criminal acts. The
focus here is on the behavioral effects of these
disorders and how they influence individuals' decision-
making that may be directed toward committing
criminal acts. Finally, we will review biological theories
that focus on the influence of genetic factors and
congenital disorders in the brain and nervous system,
which may contribute to the formation of criminal
tendencies in individuals. These theories and
explanations are supported by documented cases,
classified according to precise medical and
psychological criteria. Real cases were monitored and
analyzed to demonstrate the relationship between
psychological and biological factors, on the one hand,
and criminal acts, on the other. This contributes to
enhancing scientific understanding of the various
causes behind criminal acts.

First Section

The Concept of Disorders from a Psychological
Perspective

A psychological disorder is a behavioral or
psychological pattern characterized by a feeling of
distress or helplessness, affecting an individual's ability
to adapt to daily life. This disorder falls outside the
normal development of mental and intellectual
abilities, causing internal disturbance that impacts an
individual's psychological and behavioral functions.
Over the ages, methods for understanding and treating
these disorders have significantly developed (2) in
response to cultural changes and ongoing scientific
research. Despite significant progress in this field,
intellectual and professional schools still have
differences and discrepancies in classifying these
disorders. Through the development of psychological
knowledge, many psychological disorders have been

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identified, which may vary in severity and impact on the
individual. These disorders may include anxiety,
depression, schizophrenia, personality disorders, and
many other conditions that may lead to impaired
psychological and social functioning. The important
question remains how these disorders can influence
criminal behavior, as some of these disorders may be a
contributing factor in the emergence of criminal
tendencies or behaviors. In this context, we will discuss
a group of major and minor psychological disorders,
reviewing the potential relationship between them and
criminal behavior. Psychological disorders are divided
into two categories:

First: Neurotic Disorders

These disorders are among the most widespread and
are characterized by specific traits in those affected,
such as personality fragmentation and internal
disturbances, in addition to feelings of anxiety,
sadness, depression, obsessions, and compulsive
behaviors.

They

also

exhibit

irritability,

hypersensitivity, and hysterical symptoms (3).
Regarding neurotic disorders associated with criminal
behavior, dissociative and conversion disorders are
among the most prominent related types:

1. Generalized Anxiety Disorder (4)

This is a vague and uncomfortable feeling accompanied
by tension, anticipation, and fear, accompanied by a
state of readiness and stimulation of the nervous
system, with the appearance of some physical
symptoms. As this state persists, physical effects may
appear on the div. The clinical symptoms of anxiety
are divided into two types.

A - Acute Anxiety. This topic is divided into three main
forms:

● The first form: Acute fear, characterized by extreme

tension, increased movement, and inability to remain
still, accompanied by rapid breathing and rapid,
incoherent speech.

● The second form: Known as acute terror, it is

characterized by prolonged stillness and immobility,
along with muscle contractions and trembling, the
appearance of profuse, shiny sweating, and a loss of
sense of time and place. In some In some cases, this
motor inactivity may become an impulse, pushing the
individual to act randomly and possibly commit
dangerous acts, such as crimes.

● The third form: Acute anxiety fatigue, which occurs

when anxiety persists for a long period, leading to
chronic stress and insomnia. This can also lead to
various psychological changes associated with the
condition.

B - Chronic anxiety: When this condition persists for a

long period, it begins to affect a person's health. It may
manifest in physical symptoms affecting various div
systems, such as the circulatory system, which may
lead to circulatory disorders; the digestive system,
including digestive or intestinal problems; and the
respiratory system, including difficulty breathing or
deteriorating

lung

function.

Furthermore,

its

psychological effects are significantly evident in the
form of persistent feelings of fear and tension, as well
as persistent nervous irritability and difficulty
concentrating on daily matters. In more complex cases,
this condition may push some individuals toward
dangerous and unhealthy behaviors, such as alcohol or
drug addiction, as an incorrect means of escaping
stress. 2- Obsessive-compulsive disorder

This is characterized by obsessions and compulsive
behaviors, which are recurring thoughts, images, or
impulses that the person feels are beyond their control.
People with obsessive-compulsive disorder (OCD)
often find these thoughts painful and unwanted. (5)
These obsessions are accompanied by intense and
uncomfortable feelings such as fear, disgust, anxiety, or
doubt, and sometimes a sense that things must be
"perfect." Obsessions consume the sufferer's time and
interfere with important activities, which is a key
indicator that helps distinguish OCD as a mental
disorder from obsessive-compulsive personality traits.
Some of the following conditions are:

A. Kleptomania: The individual feels an intense,
impulsive urge to steal valuable or worthless things,
which can lead to legal proceedings.

B. Alcoholism: The uncontrollable urge to drink
alcoholic beverages.

C. Sexual Mania: Here, obscene sexual thoughts
completely control the mind of the person
experiencing the disorder, and they feel a heightened
sense of urgency to satisfy their sexual desires.

3- Dissociative and Conversion Disorders

The disorder's symptoms appear unconsciously, with
the primary motivation being to attract attention, gain
a benefit, or escape a dangerous situation. They can be
addressed as follows:

A. Conversion Disorders (6): In these cases, anxiety and
psychological conflict transform into physical
symptoms, such as paralysis of the limbs.

B. Dissociative Disorders: In such cases, the individual
may separate into different personalities, exhibit
strange behaviors, or suffer from memory loss to
attract attention or avoid a painful psychological
experience. Examples of this type include memory loss
and hysterical abnormality, where the person appears
driven to perform unexpected actions, such as

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wandering between different places, and sometimes
even assaulting others or committing crimes during the
episode. Second: Psychotic Disorders

Psychotic disorders receive significant attention in the
clinical tables of both the DSM-5 and ICD-11 within the
field of psychopathology. This is due to the wide variety
of their clinical forms and their close association with
organic aspects that, in turn, lead to the formation of
pathological personalities (7). These disorders affect
the mental and social functions of affected individuals,
making it difficult for them to distinguish between
delusional thoughts and perceptions from reality,
leading to the adoption of abnormal behaviors and
unrealistic beliefs. Psychosis disrupts personality and
behavior, impeding the sufferer's ability to build
normal relationships with others. Although psychotic
disorders are relatively rare, their study and
understanding are essential. Effective treatment and
preventive strategies can be developed by analyzing
the factors that contribute to the emergence and
development of this type of disorder. Related studies
also contribute to improving early diagnosis and
providing appropriate treatment and psychological
support for patients, which helps improve their quality
of life, enhances their social integration, and reduces
the impact of stigma and discrimination associated
with mental disorders. Psychosis is divided into:

1. Functional psychosis: This is divided into two types,
the most important of which is schizophrenia,
characterized by disturbances in thinking, emotion,
perception, volition, and behavior that lead an
individual to commit a crime potentially.

2. Affective disorders: These psychological disorders
include conditions such as mania, depression, bipolar
disorder, and menopausal depression. In some cases,
an individual with severe depression may attempt
suicide or harm others due to a distorted belief that
they are saving themselves. A person suffering from
mania may behave in immoral ways, such as assault or
sexual provocation, as a result of a loss of control over
their impulses.

3. Organic psychosis: This condition is a primary
condition resulting from a brain disorder or illness, or
injury. This disorder may be primary, pathological
cases, or secondary, as in systemic disorders associated
with the brain. The effects of mental illnesses, whether
they are limited to abstract psychological aspects or
linked to actual symptoms, on criminal responsibility
vary according to the different types of these illnesses
(8), which we will mention quickly (conversion hysteria,
anxious hysteria, authoritarian hysteria, hysteria of
delusional beliefs, hysterical fears, psychological
anxiety, psychological fatigue).

The Second Requirement

The Impact of Crime on the Mental Health of
Individuals Without Mental Disorders

Crime is a complex social phenomenon whose impact
is not limited to the victims alone, but also profoundly
affects the perpetrators themselves. While the
psychological damage suffered by victims of crime is
often highlighted, the psychological effects that may
affect perpetrators, especially those without a prior
history of mental health disorders, are often
overlooked. These effects can manifest in the form of
anxiety and depression, post-traumatic stress disorder
(PTSD), intense feelings of guilt, as well as social
isolation and the stigma associated with committing
the crime. This is where it becomes important to
address the psychological effects of crime on
individuals who did not have any prior mental health
conditions and how this experience may impact their
long-term psychological stability. Even if a person has
no prior history of mental health disorders,
experiencing a crime may result in the emergence of
new psychological symptoms. We will address this
topic in the following paragraphs:

First - The impact of psychological trauma after
committing a crime (9):

1- Post-traumatic stress disorder (PTSD): Individuals
who have witnessed or participated in violent events
may develop PTSD, which is characterized by symptoms
such as flashbacks, nightmares, avoidance of situations
reminiscent of the incident, and feelings of detachment
from reality (10).

2- Feelings of guilt and shame: Perpetrators may feel
guilt or shame after committing a crime, negatively
impacting their mental health. These feelings may lead
to depression and anxiety and increase the risk of
suicide.

3- Social isolation: Individuals who have committed
crimes may avoid communicating with others due to
fear of judgment or feelings of guilt, leading to social
isolation and increasing the risk of depression.

After committing a crime, individuals may experience
noticeable changes in their psychological state, even if
they have no prior history of mental health disorders.
These changes include emotional disturbances and
changes in thinking, which can significantly impact their
quality of life and social interactions. Among the
disorders we mentioned previously are anxiety
disorders and others.

Second: Changes in thinking after committing a crime
(11)

By examining the development of criminal thinking, we
note that individuals' thinking patterns may change to

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become more consistent with criminal behavior,
affecting their perception and interpretation of
situations. This leads to a guilt complex, as after
committing a crime, the perpetrator may regain their
moral awareness, leading to an intense sense of guilt
and a desire for punishment. This may manifest in
compensatory

or

destructive

behavior.

The

psychological effects experienced by individuals within
prisons also pose a fundamental challenge that
requires special attention from relevant authorities.
Even if inmates have no prior history of psychological
disorders, the prison environment can contribute to
the emergence of new mental health problems.

Third. Psychological Consequences in Prisons (12)

These include social isolation: Social marginalization
within prison can exacerbate negative feelings,
increasing the risk of psychological disorders. Isolation
can weaken inmates' ability to cope with stress and
increase the likelihood of suicidal thoughts. Prisons can
also cause psychological disorders: inmates often face
difficulty adapting to the prison environment, leading
to problems such as anxiety and depression. These
problems may result from constant thoughts about the
case's fate, the family's future, or the pressures
associated with the prison environment. These feelings
may develop into a desire to inflict self-harm or even
suicide.

The Third Requirement

Explaining the Biological Theory of the Causes of
Criminal Acts

A group of theories has emerged that prove the
biological causes behind the emergence of criminal
acts. The most prominent of these theories was
presented by the scientist Cesare Lombroso,
considered one of the founders of criminal
anthropology. Lombroso made many notable
contributions to this field, developing the "inborn
criminal" concept, which links criminal behavior to
biological and genetic factors. His contributions aimed
to explain criminal behavior from a biological
perspective, arguing that some individuals are born
with physical and psychological traits that indicate an
innate propensity to commit crimes. Lombroso used
numerous field studies and research to identify specific
characteristics, such as skull shape or facial features,
that he believed might be indicators of criminal
tendencies.

Despite significant criticism over time, these theories
served as a starting point for studying the relationship
between biological factors and crime. They helped
draw attention to the need to investigate biological and
genetic factors to understand criminal behavior better.
In addition to the ongoing debate over the hypothesis

of biological determinism, the 1980s saw a growing
trend toward revitalizing studies focused on biology
and genetics. Moving away from the negatives of the
biological determinism approach promoted by
Lombroso et al., recent studies have adopted an
explanation of criminal behavior based on a deeper and
less generalized understanding. These studies focus on
violent behavior and use epidemiological methods to
assess and address biological risks, in line with
contemporary politics that consider crimes public
safety issues and the economy. The focus is currently
shifting from finding a "criminal gene" to analyzing the
genetic, neurological, and environmental factors that
increase the likelihood of violent behavior. According
to Nicholas Rose and Joël Abi Rached, crime is now
viewed as a public health problem that calls for early
prevention through predictive algorithms based on
multiple factors such as genetics, living conditions, and
family behavior (13).

This shift was accompanied by the development of
genetics and neuroscience, which expanded the
concept of the human div from the visual to
molecular anatomy. Current biometric technologies
enable the reading and analysis of the div at the
genetic level, enhancing the importance of detailed
data derived from the human div to understand
identity and behavior. This trend establishes that div
data provides objective, indisputable facts, redefining
how we understand human behavior and identity. With
the development of science, many advocates of this
theory have emerged in recent times (14). It is worth
noting that epigenetics represents a modern research
trend highlighting the relationship between genetic
biological aspects and social factors, reflecting the
increasing integration between the natural and human
sciences. This field studies molecular mechanisms that
regulate gene activity without modifying the DNA
sequence. Epigenetics is characterized by four main
characteristics (15):

First, it is sensitive to environmental and lifestyle
changes, demonstrating the flexibility of biological
systems and their ability to interact with the external
environment.

Second, epigenetics. Its effects appear early in
development and extend throughout the lifespan.

Thirdly, it's intergenerational transmission.

Fourthly, these effects can be reversed through
behavioral or pharmacological interventions.

Although most studies in this field are based on animal
experiments or laboratory conditions, scientists are
continually seeking to apply the findings of this
research to human behavior. This field has garnered
significant attention from the scientific community and

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popular culture due to its potential to improve public
health.

Some critics suggest that focusing on genetic
modifications may lead to new essentialist perceptions
that distinguish individuals or social groups based on
exposure to specific environmental conditions.

In studying criminal behavior, epigenetics has received
particular and rapid attention. Among the prominent
researchers in this field is Richard E. Tremblay, whom
Nature magazine described as an "accidental
geneticist." Through his longitudinal studies focusing
on preschool-aged children, Tremblay found that
aggressive behaviors appear most prominently in the
early stages of childhood. Tremblay and Szeph argue
that epigenetic markers influenced by the environment
and maternal caregiving during pregnancy and
postpartum play a pivotal role in determining the
propensity level for aggressive behavior. (16)

Tremblay developed studies with preschool children
demonstrating the importance of disruptive behaviors
in early childhood. He later collaborated with geneticist
Moshe Szeph to study the development of chronic
aggressive behavior through epigenetics. Tremblay and
Szeph advocate the role of epigenetic markers
influenced by the environment and maternal caregiving
during pregnancy and postpartum as key factors in
shaping the predisposition to aggressive behavior.

The researchers focus on specific risk factors such as
early pregnancy, behavioral problems, poor education,
substance abuse, mental health problems, poverty, and
forced motherhood. The authors emphasize the need
for intensive preventive interventions with women in
high-risk groups to reduce the likelihood of giving birth
to children with aggressive behavior. According to
Tremblay, pregnancy prevention strategies should
begin by focusing on women with difficult social
histories, as they are key to preventing a new
generation of negative behaviors. Despite these trends,
viewing mothers as "genetic carriers" reinforces
societal control over women's bodies, particularly
those from disadvantaged groups who face complex
oppression that intersects with class, race, and age.
This perspective highlights a discriminatory effect
among vulnerable groups and expands the use of social
control over women. Furthermore, neuroscience
studies highlight the relationship between childhood
deprivation, brain development, and future behaviors.
Research has indicated that neglected children are
more likely to engage in antisocial behavior later in life,
underscoring the role of the family as a pivotal factor in
shaping behavior (17).

On the one hand, certain bodies are viewed as
threatening public health and safety. On the other

hand, by suggesting a genetic predisposition to adopt
aggressive or criminal behavior, entire families are
placed under suspicion, viewed as potential threats. At
the heart of this perception is the "counter-citizen," a
term that describes individuals biologically classified as
vulnerable. This classification justifies subjecting them
to control measures and precautionary policies, even if
they show no tangible evidence of deviant or criminal
behavior.

Fourth Requirement

Statistical Information on Mental Disorders

The language of numbers does not lie or lend itself to
misinterpretation, because it conveys reality as it is and
illuminates the path to preventing preconceived
notions based solely on observation and speculation.
This has made statistics the cornerstone of scientific
development and the foundation upon which scientific
research is based, without which it is inconclusive.
Statistics has evolved into many methods thanks to
technological advancements and the rapid access to
information. The data collection process upon which
statistics rely has ranged from those that draw
information directly from the sample studied through
interviews or questionnaires, or indirectly through
reliance on specific indicators that can be used to infer
information and draw conclusions. For example, the
answer to the question, "How many epilepsy patients
have been convicted of murder or assault?" might be: I
say that this question may lead us to the connection
between epilepsy and the tendency towards crimes.
Cases studied: (18)

We relied on three studies that focused on the
following disorders:

The medical records of all patients diagnosed with
antisocial personality disorder were analyzed, resulting
in 11 patients, 10 males (90.9%) and one female (9.1%),
with a mean age of 25.09 years. 100% of the patients
exhibited some form of violence, aggression, or other
violation of the law. Only seven of them were involved
in property crimes (63.63%), two in aggression
(18.18%), one in homicide (9.1%), and one in robbery
with homicide (9.1%).

The histories of 19 randomly selected patients with
borderline personality disorder (12 males (63.15%) and
seven females (36.85%), with a mean age of 26.31
years, were evaluated. It was found that 11 (57.9%) had
a history of some crime: one patient was involved only
in property crimes (5.25%), seven in aggression or
attempted homicide (36.85%), three in both (15.8%),
and eight (42.1%) had no history of violence. No patient
was involved in a homicide.

For the control group with severe anger and temper

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tantrums, the histories of 21 patients without a
personality disorder from the same outpatient clinic
were randomly selected for analysis. Of the 21 patients,
10 were male (47.61%) and 11 were female (52.39%);
mean age 43.52 years. Four had a history of aggression
(19%) and one of property crimes (4.8%). The vast
majority had no history of lawbreaking (16 individuals,
76.2%), and none had a history of homicide.

The influence of age and gender

: The three groups

were not statistically different concerning gender.
Concerning age, the antisocial and borderline groups
were not different, but both were younger than the
control group.

Types of offenses

: We found that the three groups

differed statistically concerning engaging in physical
violence and/or aggression, except homicides and
property offenses. We excluded homicides from our
statistical analyses as they were extremely rare in our
sample, occurring only twice in one group.

When analyzing the pattern of lawbreaking statistically,
the behavioral patterns also differed between
antisocial and borderline patients. Antisocial patients
engaged in more property crimes than borderline
patients, with a statistical difference between these
two groups.

On the other hand, patients with borderline personality
disorder were statistically more likely to engage in
more aggressive episodes than antisocial patients,
although the two groups did not differ statistically.
Furthermore, antisocial patients engaged in property
crimes more than physical violence. In contrast,
patients with borderline personality disorder were
more likely to engage in misdemeanor crimes against
other persons than property crimes.

Aggression

Disparity

Between

Convicted

and

Unconvicted Patients (19): We will draw on another
study that examined patients with schizophrenia and
compared those who were convicted and those who
were diagnosed but not convicted of any crime. Thirty
criminal

and

30

non-criminal

patients

with

schizophrenia who were referred to a forensic center
were examined.

Demographic Characteristics:

Demographic characteristics were not significantly
different.

Age: The mean age of the case group was 34, and the
mean age of the control group was 41.

Educational attainment: 70% of the case group and
73.2% of the control group had a high school diploma.

Employment: 86.7% of the case group and 76.7% of the
control group were unemployed.

Marital status: Singleness was the most frequent status
in both groups (66.7% in the case group and 53.3% in
the control group).

Occurrence of aggressive behavior

: The incidence of

offending by onset of illness revealed that 73.3% of the
22 offending patients committed their first offense
after the onset of illness, 23.2% committed seven
offenses before the onset of illness, and 3.3%
committed one offense at the onset of illness.

Severity of offense

: Of the 11 offending patients, 36%

committed a serious offense, mostly homicide, 50%
committed acceptable offenses, and 13% committed
minor offenses. The incidence of offending among the
offending patients showed a recurring pattern; some
had up to 10 criminal records. The average number of
offenses committed per patient was 3.4. Of the 30
offenders in the case group, 26 had a history of conduct
disorder, compared to 9 in the control group. Twenty-
two patients in the case group had features of
antisocial personality disorder. The likelihood of
reoffending was found in 40% of cases.

This systematic review of the risk of violence in
schizophrenia and other psychotic disorders identified
20 studies involving 18,423 individuals with these
disorders. There were four main findings:

First, the risk of violent outcomes was increased in
individuals with schizophrenia and other psychotic
disorders.

The risk estimates, reported as odds ratios, were above
one, indicating an increased risk of violence in
individuals with schizophrenia and other psychotic
disorders compared to the general population controls.
However, the risk estimates ranged from one to seven
in men and four to 29 in women. Second, co-occurring
substance use disorders significantly increase this risk,
with odds ratios ranging from three to 25. Although
there is considerable variation in this estimate between
studies, the pooled estimate was approximately four
times higher than for individuals without co-occurring
disorders (20).

As in the Iraqi Penal Code No. 111 of 1969 in Article 60
(A person who, at the time of committing the crime,
was lacking in awareness or will due to insanity or
mental impairment, shall not be held criminally liable).
This means that persons who were lacking in
awareness at the time of committing the act
criminalized by the Law of Awareness and
Discrimination without their will and as a result of
mental disorders, the Law does not consider them
criminally liable (23). While Article 230 of the Code of
Criminal Procedure No. 23 of 1971 (as amended)
states: "If it becomes apparent during the investigation
or trial that the accused is unable to defend himself due

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to a mental disability, or if it is necessary to examine his
mental state to determine his criminal responsibility,
the investigation or trial shall be suspended by decision
of the investigating judge or the court, and he shall be
placed under guard in a government health institution
designated for mental illnesses if he is accused of a
crime for which bail is not permitted. In other crimes,
he shall be placed in a government or non-
governmental health institution at his own expense
upon the request of his legal representative, or at the
expense of his family, with the guarantee of a
guarantor. A competent official medical div shall be
assigned to examine him and submit a report on his
mental state." Article 231: "If it becomes apparent from
the report of the committee referred to in Article 230
that the accused is unable to defend himself, the
investigation or trial shall be postponed until he regains
sufficient sanity to defend himself, and he shall be
placed under guard in a government health institution
if he is accused of a crime for which bail is not
permitted. In other crimes, it is permissible." Handing
him over to a relative on the bail of a guarantor, with a
pledge to provide him with treatment inside or outside
Iraq.

In Articles 230 and 231, if it is determined that the
accused has a mental disability and is unable to defend
himself, the investigation or trial shall be postponed
until he regains consciousness and awareness, and he
shall be placed in a government health facility under
guard.

As per Article 232 of the Criminal Procedure Code No.
23 of 1971 (as amended): "If the medical committee's
report indicates that the accused is not criminally
responsible due to his mental disability at the time of
committing the crime, the judge shall decide that he is
not responsible, and the court shall issue a ruling
declaring him not responsible, while taking any
appropriate measures to hand him over to a relative in
exchange for a guarantee to provide him with due
care."

The Iraqi legislature does not punish a person with a
mental disability who was not criminally responsible at
the time of committing the crime. He shall be released
after being examined by a specialized medical
committee and handed over to his relatives to receive
the necessary care.

Social Welfare Law No. 126 of 1980 (as amended):

The Social Welfare Law guarantees comprehensive
social services for the mentally ill. Mentally disabled,
including providing all necessary therapeutic, training,
educational, and other services through the
construction of homes for the disabled and the
mentally ill, including all services. This includes the

following for the mentally ill:

Article 43 defines people with disabilities as:

(A disabled person is anyone whose ability to work,
obtain work, or remain in it is diminished or absent due
to a deficiency or disturbance in their mental,
psychological, or physical capacity.)

Article 44 also classifies people with disabilities
according to the nature of the disability into two
categories:

First: The mentally and psychologically disabled

Second: The physically disabled

Articles 45 and 46 also include the right of people with
disabilities to rehabilitation and care, to receive these
materials free of charge from the state, and to enroll in
vocational rehabilitation services according to the
nature of their disability (24).

Iraqi International Agreements Protecting the Rights of
Persons with Mental Disabilities:

Iraq has entered into numerous international
agreements protecting the rights of the mentally ill or
disabled, which guarantee their access to health and
social care without discrimination. These agreements
have a direct impact on how Iraqi Law deals with the
mentally ill. This includes Social Welfare Law No. Article
5 of the Convention on the Rights of Persons with
Disabilities enshrines the principle of equality and non-
discrimination, as proclaimed in the Universal
Declaration of Human Rights (Articles 2 and 25), the
International Covenant on Civil and Political Rights
(Article 24), the International Covenant on Economic,
Social and Cultural Rights (Article 10), and the Rights of
the Child (Article 2), ratified by the Republic of Iraq.

Iraqi legislation in the field of the advancement of
persons with disabilities is consistent, in essence, and
its provisions, with these principles through enacting
the Law on the Care of Persons with Disabilities and
Special Needs (No. 38) of 2013.

In the same context, the principle of empowerment is
recognized by adopting special incentive measures
aimed at ensuring effective equality of opportunity and
treatment between persons with disabilities and other
persons.

Article 105 of the Law stipulates that a person
sentenced to detention shall be placed in a specialized
treatment facility, whether a hospital, a psychiatric
hospital, or any other facility designated by the
government for this purpose, under the control and
conditions specified by the Law.

Detention shall be for no less than six months to
provide the necessary medical care. And ongoing care.
Those responsible for managing the treatment facility

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must submit periodic reports to the sentencing court.
These reports include an update on the convict's health
and psychological condition, provided that the period
between each report does not exceed six months.
Based on the opinions provided by the medical
authority, the court may issue a decision to release the
convict or hand them over to one of their parents or
relatives, provided that the necessary controls are
determined to ensure appropriate care due to their
health condition (25). Furthermore, the court, upon the
request of the Public Prosecution or any other
concerned party, and after consultation with the
competent medical authority, may order the convict's
return to the treatment facility if necessary.

Under the Iraqi Penal Code, detention in a treatment
facility is regulated for cases related to the commission
of crimes under the influence of psychological or
mental disorders, or as a result of drug or alcohol
addiction. This procedure aims to treat the offender
rather than punish them, especially if their health
condition was a primary cause of the crime.

The legal basis includes provisions on legal excuses and
mitigating circumstances, such as Article 50 of the Iraqi
Penal Code No. 111 of 1969 and subsequent articles. It
is applied based on medical reports proving the
offender's inability to bear full responsibility for their
actions. The conditions include:

First, a medical report proving the impact of a mental
disorder or addiction on behavior.

Second, a link between the health condition and the
crime.

Third, a judicial decision to transfer the offender to a
treatment facility.

The court determines the duration of detention based
on medical reports, with the possibility of release upon
improvement or transfer to prison if the need for
treatment no longer exists. Examples include crimes
resulting from severe mental disorders or the effects of
addiction. The goal is to rehabilitate the offender
according to the concept of restorative justice,
considering their health condition. The sentence may
be reconsidered if their condition improves.

There is a concept under discussion that a prisoner who
enters prison healthy and leaves with psychological
damage is not entitled to this right. Does Iraqi law
guarantee this right?

There are legal provisions aimed at protecting
prisoners' rights and ensuring their physical and
psychological safety during their detention. In general,
any violation of a prisoner's safety, whether physical or
psychological, is subject to legal accountability.
However, there is no specific legal provision explicitly

stipulating compensation for a prisoner who enters
prison in a healthy psychological state and leaves it ill
or suffering from a psychological disability as a result of
prison conditions or ill-treatment. Based on the general
principles of Iraqi law and international declarations to
which Iraq is bound, such as human rights conventions,
a prisoner or their family may claim compensation if
proven that the harm they suffered resulted from
negligence or violations by prison authorities.

Such claims may be based on the provisions of the Iraqi
Constitution, which guarantees the preservation of
human dignity and the protection of individual rights,
as well as other laws such as the Penal Code and the
Law on the Reform of Inmates and Detainees. From a
legal perspective, such cases usually require the
submission of evidence and medical reports proving
the psychological harm caused by detention and its
conditions, along with filing a formal complaint with
the competent courts.

It is important to note that promoting these rights in
practice requires strict enforcement of the laws and
effective monitoring of prison conditions to ensure
accountability and reduce violations. However, there
are some articles in the Iraqi Constitution that attempt
to cover this issue in a general way, such as:

- Article 19 guarantees the right to a fair trial and
prohibits torture or any cruel, inhuman, or degrading
treatment.

- Article 32 highlights the right to live with dignity and
prohibits all forms of torture. Suppose a prisoner
suffers any psychological or physical harm as a result of
detention conditions. In that case, they may have the
right to file a legal claim against the relevant authorities
based on these provisions. However, it is always
advisable to seek expert legal advice to ensure a full
and accurate understanding of the procedures
according to each case and its specific circumstances.

Improving

mental

health

services

requires

strengthening psychological treatment programs
within prisons by increasing the number of specialists
and assessing the prisoner's condition upon admission,
with continuous follow-up and regular support (26).

In addition, psychological rehabilitation programs
address inmates' problems and help them adapt inside
and outside prison through individual and group
therapy, coping skills training, and social support. After
release, it is essential to provide psychological support,
help them find employment and social support to
ensure their reintegration. A comprehensive approach
that

includes

improving

psychological

care,

rehabilitation, and ongoing post-release support
improves their quality of life and increases their
chances of positive social integration.

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The Third Requirement:

Legal Provisions Related to the Rights of Persons with
Mental Disorders

Legislation seeks to keep pace with modernity and
serious issues by enacting laws that consider
contemporary

psychology

and

human

rights

developments. This has made clear comparisons
between ancient positive legislation and its modern
counterparts. This study aims to analyze some of the
Sharia provisions and legal legislation related to
persons with mental disorders, highlighting the
evolution of the standards and principles that define
the legal and religious framework for this issue over
time.

In ancient times, legislation previously addressed the
issues of individuals suffering from mental disorders as
part of the judicial and social system. However,
addressing these cases was largely based on religious
beliefs and prevailing cultures at the time.
Furthermore, the laws in several ancient civilizations
paid attention to exempting persons with mental
disorders from criminal liability. At the same time, their
personal and human rights received less attention than
we see in modern legislation (27). First, Roman law:
Ancient Roman law provided exemption from criminal
liability for individuals suffering from insanity.
According to its provisions, a person with a mental
condition that prevented them from sound judgment
was considered legally incapable of bearing the
consequences of their actions, reflecting an early
understanding of the limitations of such individuals'
perception and their impact on their legal
accountability.

Second, ancient French law: Similar to many European
legal systems of the period, ancient French law
considered insanity a justification for exemption from
criminal liability. A person who has a severe mental
illness was exempt from criminal penalties and instead
transferred to a specialized treatment facility,
highlighting the law's focus on treating the pathological
condition rather than imposing punishment for the
resulting behavior.

Third, English law: Under ancient English law, insanity
was a justification for exemption from criminal liability,
as a person with a mental condition, exempted from
sound judgment, was treated in a health facility rather
than imprisoned. The determination of "insanity" was
based on the standard of distinguishing between good
and evil, reflecting.

Establishing the Concept of Moral and Legal
Responsibility in Light of the Individual's Psychological
Structure (27)

It is worth noting that in recent decades, international
and domestic laws have witnessed significant
developments aimed at promoting and protecting the
rights of individuals suffering from mental disorders.
These developments have been reflected in the
integration of advanced concepts of mental health
care, ensuring protection from various forms of
discrimination, and securing the right to appropriate
treatment.

Furthermore, legislation has been enacted that
guarantees these individuals comprehensive legal and
social rights, reflecting a significant shift in the
structure of legislation toward a more comprehensive
and humane approach. The following is a review of the
most prominent new legal texts related to the rights of
people with mental disorders.

First. International Laws Related to the Rights of Mental
Illnesses

1. The Convention on the Rights of Persons with
Disabilities (2006)

The Principle of Equality and Non-Discrimination: The
2006 United Nations Convention recognizes the rights
of persons with disabilities, including those with mental
disorders, to enjoy the principle of equality before the
law. The Convention emphasizes the need to treat
persons with mental illnesses on the basis of complete
equality with others in all aspects of social, economic,
and political life (28).

Protection from Discrimination: The Convention
explicitly prohibits all forms of discrimination against
persons with disabilities in all sectors.

The Right to Healthcare: The Convention emphasizes
the need to provide comprehensive and integrated
healthcare for persons with mental disorders, including
appropriate

psychological

and

pharmacological

treatments. It also obliges States Parties to create
healthy and safe environments that guarantee the
dignity of mentally ill persons (29).

2. The Universal Declaration of Human Rights (1948)

The Universal Declaration of Human Rights is a
fundamental reference for protecting human rights,
including the rights of persons with mental disorders.
The Declaration affirms the right of individuals to a
dignified life, healthcare, treatment, and non-
discrimination. Article 25: Health care is guaranteed to
individuals in general, including the right to medical
care and appropriate treatment, which also applies to
persons with mental illnesses.

Second. Rights of Persons with Mental Disorders
According to International Principles

International Principle of Mental Health Care:

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- Within the framework of international principles
relating to the rights of persons with mental disorders,
there is growing recognition of the importance of
providing quality mental health care. This requires that
hospitals and health facilities for psychiatric patients be
equipped to meet their needs.

A. The Right to Reside in a Safe Environment:
Psychiatric patients have the right to live in a safe
therapeutic environment and have their physical and
psychological needs met.

B. The Right to Non-Discrimination: The International
Convention stipulates the need to eliminate
discrimination against persons with mental disorders in
various areas, such as employment, education, and
social services. The social integration of persons with
mental illnesses into society is promoted. Section Four

Statistical Information on the Legal Record of Crimes

In this section, we will delve deeper into documented
cases of criminals diagnosed with certain mental
illnesses, their social backgrounds, childhoods, the way
they committed their crimes, and what motivated
them to do them.

The Case of Ted Bundy (30):

He is the most notorious serial killer in America. He
committed heinous crimes, including the murder of
women and the violation of their corpses. This is a
psychosexual disorder called necrophilia (a sexual
desire for death).

His childhood and the first symptoms of the disorder:
Theodore Bundy was born to an unknown father, who
is said to have been an American soldier, whom
Bundy's mother met and then abandoned when he
learned of her pregnancy. His grandparents claimed to
be his real parents to avoid the stigma associated with
people born out of wedlock. His first shock came when
he learned that she was not his older sister, but was in
fact his mother (this is likely the first seed that planted
in him a hatred of women). To make matters worse, his
grandfather was a devout man, and his mother took
him with her when she married. Ted took his
stepfather's surname. His stepfather had officially
adopted him.

His first known signs of violence came in his third year,
when his aunt woke up to find herself surrounded by
knives and Ted looking at her strangely.

As a teenager, his darker side began to emerge. Bundy
liked to stare into other people's windows and never
thought about stealing things he wanted.

His criminal modus operandi: He often raped his victims
after bludgeoning them to death. In some cases, he
used a saw and a machete.

Bundy often lured women into his car by feigning injury
and asking for their help.

Many of Bundy's victims resembled his college
girlfriend, devastated by his breakup.

They were beautiful students with long, dark hair.

His illness: He had a girlfriend for 6 years and she wrote
a book about her life with him. She was the one who
helped the police arrest him as she suspected some of
his behaviors, such as him asking her to pretend to be
dead or that he kept a machete in his office. He later
confessed to her while he was in prison that his desire
to kill her increased over and over again and that he
would have killed her in the end had she not reported
him.

The End and Remorse: Religious broadcaster James
Dobson interviewed Bundy the night before his death.
He claimed that Bundy cried several times and
expressed remorse for his actions.

An Autopsy of His Brain: After his execution, scientists
removed Bundy's brain and examined it for signs of
physical abnormalities that could explain his violent
behavior. However, they found none.

Personal Opinion: The story of Ted Bundy is one of the
criminal cases that has aroused widespread interest in
the fields of psychology and criminology, not only
because of his troubled childhood and the
psychological trauma he experienced, which greatly
influenced his view of women, especially his mother
and his lover, but also because of his psychopathic
personality, which was characterized by a cunning
ability to psychologically manipulate. Bundy displayed
a sycophantic and attractive demeanor toward women,
which helped him easily lure his victims and even win
the sympathy and admiration of some women during
his imprisonment (p. 33). Remarkably, one woman
married him and bore him a child while he was behind
bars, demonstrating the extent of his ability to
manipulate emotions. Furthermore, Bundy caused
long-term psychological distress to his former lover,
Elizabeth, by repeatedly contacting her and blaming
her for reporting him, leaving her to suffer years of
torment and remorse.

Efforts by doctors and psychologists to explain Bundy's
behavior from a purely biological perspective have led
them to a dead end. Despite conducting examinations
of his skull and brain, these efforts have yielded no
conclusive results or clear explanations for his criminal
behavior.

CONCLUSION

After completing our research, we reached a number of
conclusions and proposals, the most important of
which we will review as follows:

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First - Conclusions:

1. After analyzing the relationship between mental
disorders and criminal behavior, it became clear that
mental disorders have a complex effect in shaping the
behavior of individuals who suffer from them. This can
affect their perception and decision-making ability,
which in some cases may lead to unintentional or
uncontrolled criminal behavior.

2. A significant percentage of crimes are committed by
people with mental disorders, and laws vary between
countries regarding how to deal with criminal liability
for this category.

3. Some legal systems rely on the principle of complete
exemption in cases of cognitive impairment, while
others resort to applying reduced penalties and
requiring

defendants

to

undergo

compulsory

psychiatric treatment.

4. Raising community awareness about the nature of
these disorders and their impact on criminal behavior
is an essential step to reduce the social stigma
surrounding mental illness and facilitate the safe and
humane integration of those affected into society.

5. The lack of official statistics or statistical studies
related to individuals with mental disorders in general,
and particularly those involved in criminal activities.

6. Current Iraqi law deals with cases of mental disorder
superficially, leaving their assessment to experts who
lack a precise definition of the various degrees of
mental disorder.

7. There are no serious rehabilitation efforts or laws
aimed at reducing these problems or mitigating their
effects.

Second: Proposals:

1. Relevant authorities should focus on establishing a
database of statistics on mental and criminal cases.
Coordination can be undertaken between the Ministry
of Health and the Ministry of Interior to obtain accurate
information about this category of individuals.

2. Media coverage and research studies on mental and
psychological health issues should be intensified by
organizing joint awareness campaigns between the
Ministry of Health and national media outlets to raise
awareness about the importance of mental health.

3. It is necessary to work to raise community awareness
by all institutions about mental disorders and their
impact on criminal behavior, to reduce the social
stigma surrounding mental illness and facilitate the
safe and humane integration of those afflicted into
society.

4. Amend and develop Iraqi legislation to include a
precise definition of mental illness of all types in the

law, while establishing unified scientific criteria for
diagnosis and assessment.

5. Establish national rehabilitation programs for
individuals with mental disorders, focusing on
improving their quality of life through psychological
treatment and social rehabilitation.

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Maureen, Alan. "Self-Awareness, Part One: Definition,
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Journal of Social and Personality Psychology, USA,
2011.

Third: International Declarations and Conventions

The Universal Declaration of Human Rights of 1948.

The International Covenant on Civil and Political Rights
of 1966.

The International Covenant on Economic, Social, and
Cultural Rights of 1966.

The Convention on the Rights of Persons with
Disabilities of 2006.

Laws

The Iraqi Penal Code No. 111 of 1969, as amended.

The Iraqi Code of Criminal Procedure No. 23 of 1971, as
amended.