Can an insane individual be liable for a crime? Under Polish criminal law – not always. Article 31 of the Criminal Code specifies precisely erstwhile the perpetrator's intellectual state excludes his responsibility. What consequences endanger the individual who committed a crime in a state of insanity?
When is the unsub declared insane?
In accordance with Article 31(1) of the Criminal Code:
“No crime is committed by anyone who, due to intellectual illness, intellectual impairment or any another intellectual disorder, could not admit his meaning or direct his actions during the act.”
This means that if the perpetrator at the time of the act was incapable to realize its consequences or control its actions, he is not liable for criminal liability. The opinion of expert psychiatrists who measure the defendant's intellectual state at the time of the incidental is crucial.
Restricted sanity – will the court mitigate punishment?
Article 31(2) K.k. introduces the concept of limited capacity. If the perpetrator had a partial capacity to realize his or her actions or to guide the proceedings, the court may:
- find him guilty,
- apply an exceptional leniency.
The jurisprudence of the courts shows that even partial limitation of sanity affects the assessment of guilt and can lead to a relaxation of judgment.
Does insanity mean no consequences?
Although insanity excludes punishment, it does not exempt the offender from any legal effects. The court may apply security agentas follows:
- forced psychiatric treatment,
- therapeutic surveillance,
- placing in a closed intellectual institution.
These measures may proceed without a time limit – their abolition depends on the decision of the court after consultation of doctors.
How does the court find insanity?
A psychiatric-psychological examination is crucial. The court shall examine whether, at the time of the offence:
- you have a intellectual illness.
- mental or another disorders,
- There was a connection between intellectual state and action.
Even a individual diagnosed with intellectual illness may respond criminally if she was full aware at the time of the incident.
Summary
Insanity excludes criminal liability, but does not mean no consequences. The unsub may go to a intellectual institution if there is simply a hazard of repetition. Criminal law protects both society and people with intellectual disorders, providing adequate safeguards.
In case of doubt, it is worth consulting a lawyer to avoid unnecessary disputes.The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.
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Is insanity in criminal law – will the perpetrator avoid punishment?
