Title V. Penal Code

Chapter 3. Defences.

§ 313. Mental Disease or Defect Excluding Responsibility.

    1.    A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law, and the crime is punishable by imprisonment.

    2.    "Mental disease or defect" does not include an abnormality manifested only by repeated criminal conduct.

    3.    Evidence that the defendant suffered from a mental disease or defect is admissible whenever it is relevant to prove that the defendant did or did not have a state of mind required for commission of the crime.

    4.    Mental disease or defect excluding responsibility is an affirmative defence.

    5.    Evidence of mental disease or defect excluding responsibility is not admissible unless the defendant, at the time of entering his plea of not guilty or within ten days thereafter or at such later time as the Court may for good cause permit, files a written notice of his intent to rely on such defence.

    6.    When the defendant is acquitted on the ground of mental disease or defect excluding responsibility, the verdict and the judgement shall so state.

    7.    No person who as a result of mental disease or defect lacks capacity to understand the proceedings against him or to assist in his own defence shall be imprisoned for the commission of a crime so long as such incapacity endures but shall be sentenced to a facility suitable for the treatment of the mental disease or defect.

Chapter 3                 § 312                 § 314