THE CONCEPT "ABILITY OF REALIZATION AND DISTINCTION" IN THE DEAF AND DUMB BECAUSE OF A CASE

Asirdizer M., Guzel S., Yavuz MS.

Turkish Journal of Clinical Forensic Medicine, 2002; 2(1): 7-12.

ABSTRACT

It is seemed that the concept of “ability of realization and distinction” for the deaf and dumb is misapplied in the practice due to misapprehension and misquotation of 57th and 58th articles of Turkish Criminal Law.

In our study, the evaluation of concept of “ability of realization and distinction” for the deaf and dumb was aimed. Thus, the medical report of a case which was arrived at a decision after the discussion that it was send to the Generally Assemble of Council of Forensic Medicine by its court because of the objection of 5th Criminal Department of the Supreme Court of Appeal following to one report of the Observation Department and two reports of Special Board (Forensic Psychiatry) of Council of Forensic Medicine was taken up. This case was a man of 28 year old; deaf and dumb; a suspected for violate, assault and battery; and he had limited intelligence between top border of imbecility and down border of debility.

Key words: Turkish Criminal Law, deaf and dumb, ability of realization and distinction.