Die Differenzierung von Einsichts- und Steuerungsfähigkeit bei der Schuldfähigkeitsprüfung aus juristischer und psychiatrischer Sicht

The questions associated with the distinction between insight capacity and the capacity to control, both in the psychiatric assessment and in the process of judicial decision making, are rarely dealt with in the literature, although they are related to considerable consequences. There are uncertainties, especially in cases with delusion, which repeatedly lead to the annulment of verdicts due to deficiencies in expert or judicial argumentation. In this article the conceptual as well as the practical implications are systematically presented and then illustrated using prototype cases from the spectrum of disorders with delusions. The favored very narrow understanding of insight capacity corresponds with a breakdown of the ability to control into its motivational and executive components.