[The term insight in forensic practice]

Abstract

The paper comments the German legal and forensic-psychiatric positions regarding the complex and yet unsolved question of insight in the context of criminal responsibility. Possible restrictions of insight are discussed. Finally a solution is suggested, which connects the assessment of insight with the ability to declare a free will: Both terms deal with the predecisional cognitive and motivational foundation of acts. Insight is closely associated with the competence to constitute a free will. Symptoms and disorders which tend to disturb this ability can be assessed by psychopathological methods. Possible restrictions concern mental retardation, dementia, organic personality disorders, mental disorders with delusional ideation and residual states of schizophrenia.