Insanity and criminal liability: application of medical coercive measures in the legal systems of Azerbaijan and foreign countries

This article examines the regulation of insanity and the application of medical coercive measures within the context of criminal and criminal procedural law. Individuals who commit crimes while insane or who develop mental disorders after committing an offence are not subject to punishment; instead, special legal and procedural mechanisms apply to them. The Criminal Code and the Criminal Procedure Code of the Republic of Azerbaijan contain extensive provisions in this field, yet their practical implementation reveals several challenges. These include the quality of forensic psychiatric examinations, the formal nature of judicial oversight, the ineffectiveness of legal assistance, and the condition of psychiatric institutions. The study compares Azerbaijani practice with the case law of the European Court of Human Rights (Winterwerp v. Netherlands, Stanev v. Bulgaria, Rooman v. Belgium) and European legal standards. The results highlight that, although a normative framework exists in Azerbaijani law, practical deficiencies remain. The main directions for future improvement include strengthening enforcement mechanisms, ensuring effective judicial control, and aligning medical coercive measures with human rights principles.