- ALKHOBAR: Defendants in criminal cases are increasingly trying to prove they are not mentally sound to escape prison sentences, according to a report in Al-Riyadh newspaper.
To prove their fake claims, these people often present forged medical certificates. There are others who resort to treacherous ploys to show that they are mentally sick.
Even though the practice is not widespread, legal experts and clinical psychiatrists say the phenomenon reflects certain negative trends in society. It indicates that people misuse their power and positions to obtain forged reports to protect friends or relatives implicated in criminal cases.
Jabreen Al-Jabreen, a sociology professor, said apparently these are people who strictly adhere to the teachings of Islam in all walks of life.
“However, we can see them telling lies and forging documents for the sake of someone in their family, tribe or neighborhood or even in their friends' circle,” he said.
Al-Jabreen noted that the fraudulent means and tricks employed by some people to falsely claim they are mentally ill is in fact dishonesty.
“This is also the result of our boasting that such crimes don't happen in Saudi society. Therefore, we start justifying people who have committed heinous crimes, such as firing at family members or beating parents, by labeling them as maniacs,” he said, while insisting that defendants claiming to be mentally deranged are rare.
Al-Jabreen believes a man who claims to be mentally ill is trying to win sympathy and compassion from society. At the same time, he relies on his family and friends to prove he is mentally sick as a way to absolve himself or obtain a lesser sentence.
Al-Jabreen said that such people who misuse their power and positions or social relations to distort facts and forge mental certificates should be treated as criminals or partners in crime. Hence, they should also be punished.
“This tendency shows that such people lack social awareness with regard to the rights of both individuals and society. Moreover, this is also an illegal act as it involves covering up criminals and abetting them,” he added.
Dr. Asaad Sabra, consultant psychiatrist at Medicare Clinics, said that criminal psychologists deal with cases involving such defenses.
“In this branch of psychology, a convicted person claiming to be mentally sick would be subjected to strict monitoring and minute medical checkups. His medical history and criminal records would also be examined thoroughly through close observation and questioning of him and his family. A decision would be taken only after considering all such factors,” he said.
Sabra noted that the expertise of the psychiatrist examining the defendant is also crucial. He can draw conclusions with regard to the defendant’s intellectual and mental health and capabilities, especially in the case of those who apparently display all the symptoms of a mentally ill person.
“If family members try to convince the psychiatrist that the defendant has serious psychological problems, the patient will be sent to the specialized criminal psychology departments at government mental hospitals, such as those in Riyadh , Taif and Dammam,” he said, adding that it is difficult to verify the authenticity of forged medical reports.
However, lawyer Bandar bin Haiman said it is extremely difficult for a criminal to escape punishment by falsely claiming that he is mentally ill. “The courts would not accept such claims either by the defendant or his family members without closely examining their merits,” he said.
“In such cases, the court would pronounce its decision only after examining the evidence. First of all, such defendants would be subjected to thorough medical checkups at the official health agencies and hospitals. This is also to prevent other criminals from resorting to such false defenses to avoid being sent to jail or get reduced punishments. If the claim of the criminal was found to be false, then his punishment would also be doubled,” he said.
Haiman said he never came across such a case in his legal career. “However, it was revealed to me that some defendants were suffering from acute psychological problems. This was later substantiated by medical checkups conducted by concerned medical agencies as per court directives,” he said.
“Doctors would be reluctant to issue forged certificates because they are aware of the stringent punitive measures they will face in case they are found out.”



