Spans in 'Germany - Criminal Code' tagged with 'Incapacity

'Incapacity - national proceedings' in document 'Germany - Criminal Code'

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More information about the keyword 'Incapacity - national proceedings'
More information about the document 'Germany - Criminal Code'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute
Analysis

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

CHAPTER TWO
THE OFFENCE

FIRST TITLE
FOUNDATIONS OF CRIMINAL LIABILITY

Section 20
Insanity

Any person who at the time of the commission of the offence is incapable of appreciating the unlawfulness of their actions or of acting in accordance with any such appreciation due to a pathological mental disorder, a profound consciousness disorder, debility or any other serious mental abnormality, shall be deemed to act without guilt.

Section 21
Diminished responsibility

If the capacity of the offender to appreciate the unlawfulness of his actions or to act in accordance with any such appreciation is substantially diminished at the time of the commission of the offence due to one of the reasons indicated in section 20, the sentence may be mitigated pursuant to section 49(1).

ANALYSIS

This provision follows the ICC Statute.

Sections 20 and 21 relate to incapacity. Section 21 provides for mitigation of punishment in case of diminished capacity.