Acta Universitatis Danubius. Juridica, Vol 7, No 2 (2011)

Abstract

The subject of area defenses is debated and not yet settled. So law makers and jurist are undecided about desirability of formulating discrete separate defenses there has been much disagreement on the defense as defined by different municipal legal system. The ICTY an ICC definition of mental incapacity are broadly state, without any prospectively applied categorical exclusion one response to procedural difficulty might be through a change in the substantive law that narrows the definition of mental in capacity. International criminal court has been confused between excuse and justification within defense of mental incapacity thus, such difficult led to differentiate sentence in same cases, which this question will be contrary to criminal justice.