Diminished criminal responsibility: A multinational comparative review
This article reviews the legal frameworks of diminished criminal responsibility in eighteen civil law jurisdictions across the globe—Brazil, Chile, China, the Czech Republic, Finland, France, Germany, Greece, Italy, Japan, Luxembourg, Poland, Portugal, Russia, Spain, Switzerland, Taiwan, and Turkey....
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Veröffentlicht in: | International journal of law and psychiatry 2023-11, Vol.91, p.101919-101919, Article 101919 |
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Format: | Artikel |
Sprache: | eng |
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Zusammenfassung: | This article reviews the legal frameworks of diminished criminal responsibility in eighteen civil law jurisdictions across the globe—Brazil, Chile, China, the Czech Republic, Finland, France, Germany, Greece, Italy, Japan, Luxembourg, Poland, Portugal, Russia, Spain, Switzerland, Taiwan, and Turkey. Specifically, it reports the legal standards and main features of partial responsibility, associated penalty reductions, and potential dispositions following a partial responsibility finding. It also surveys empirical data on the prevalence of diminished responsibility as compared to criminal nonresponsibility. This article, which reflects contemporary penal codes and draws from both English and non-English sources, is the only known existing source to compile these partial responsibility standards or to delineate their precise sentencing consequences. It is also the only known source in English to describe Portugal's and Chile's treatment of diminished responsibility. Providing a comparative overview of graduated responsibility in nearly twenty countries invites global discussion on whether and how society should recognize partial responsibility, as well as the punitive and therapeutic consequences that should attend this finding.
•Examines the partial criminal responsibility standards of 18 civil law countries.•Countries vary in whether partial responsibility results in penalty reduction.•Countries vary in the extent involuntary hospitalization is a possible disposition.•Diminished responsibility can be more, or less, prevalent than nonresponsibility. |
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ISSN: | 0160-2527 1873-6386 |
DOI: | 10.1016/j.ijlp.2023.101919 |