This paper is about specific group of offenders – people with mental disabilities. From beginning of the modern age, people with mental disabilities have been recognized as a different in terms of the crimes they commit and their punishments, but many centuries have passed since their legal status was regulated. Today's legal system defining their rights and obligations differs from country to country. The attitude of society to them, in the moral and legal sense, is ambivalent – society recognizes their innocence and need for protection, but sees their danger to others as well. Legislation in the Republic of Croatia has changed several times, and the most important changes were in 1997. When persons with psychological disorders were excluded from criminal law or punishment and went beyond the scope of the Law on the Protection of Persons with Mental Disabilities (ZZODS) and second important change happened in 2011. When it is made possible to sanction them in certain situations. Regardless of the legal frame work, there is a lack of compliance with the laws in practice regarding the inadequate detention of mentally incompetent perpetrators in inappropriate institutions and under inadequate conditions, insufficient education of persons in charge of the man lack of control throughout the process. Although the law changes the scope of the international law, it is necessary to sensitize the public and experts. People with psychological disorders usually suffer from schizophrenia, combined with alcoholism, and most often commit unlaw facts against property. They are often under the influence of affect in committing the offense.